A Genealogical Look at the TN Supreme Ct Case of TJ Hall - J.S. Summers et al vs S.S. Ellison et al - Transcription, Comments, Footnotes by Ben Couch III

Date: [unknown] [unknown]
Location: Middle Tennessee

Revised 9 Sep 2017

This story begins within a year and a half of the end of the Civil War, and sometime before September 3, 1866, when Thomas B. Summers died. Thomas Jefferson (TJ) Hall, a confederate veteran, ^[1]wounded at Franklin, and "Disabled in right shoulder and arm to such an extent that he is not able to perform manual labor with any degree of comfort and cannot perform more than half the labor of a sound able bodied man," ^[2] had now returned home to civilian life in an area of the state, known neither for its neutrality nor for welcoming the union to its bosom, ^[3] to wrest life from what must have looked like quite a formidable future. As we shall see, even Thomas B. Summer’s land in the now Houston County (formed in 1871 from sections of Humphreys, Stewart, and Dickson counties) area was impinged by the war. All three counties are bounded on the west by the Tennessee River.

Map

Since the Humphreys County court house has burned twice, many records have been lost. As we shall soon see, however, some were included in the record of the Tennessee Supreme Court. From the following case of this higher court, ^[4] Charles S. Summers, son of Thomas B. Summers, was named executor of his father’s estate. He solicited his uncles, Dr. Charles S. Summers and A.D. (Adolphus) Summers as bondsmen. ^[5] The good doctor was referred to as Sr. and the executor as Jr.

Although not yet apparent to the reader, this case is instrumental in documenting the identity of a very elusive but important ancestor of Holly Susan Hall Couch. Until recently, the only information pointing to the possible identity of Thomas Jefferson (TJ) Hall’s first wife was from a Stewart County marriage record of Thos. J. Hall to FC Summers (30 Oct 1867). ^[6]

While it was great to have this record, I still had a couple of questions. Firstly, this man could be our Thomas J Hall, and it gives no clue about FC Summers. The only FC Summers that I could find in the area was a man. Secondly, solemnization of the marriage was not recorded. No one returned to the courthouse to record the actual marriage. Since this cast doubt about whether or not the marriage actually happened, I felt that I needed further support. I was adamantly sure that this hole in her ancestral tree would never be filled, and so it glared and jeered at me for decades.

Previously I had found a case involving one of TJ’s sons that was appealed to the Tennessee State Supreme Court. ^[7] It never crossed my mind that TJ would be involved in another one, especially one of this magnitude. This latter case eluded me until I just happened to find an internet site in which I could search an index to Tennessee Supreme Court case files by surname or county. I am just fortunate to have searched for Humphreys County cases and found one listing TJ Hall in the et als. I couldn’t get to the state archives quickly enough to see what the file contained. Below is the transcribed account. I have corrected spelling and many capitalization errors, but left the grammatical problems, as they really don’t slow the reader too much. It is an interesting “soap opera,” and contains hoards of genealogical information.

To summarize, if my understanding is correct, the whole case revolves around administration of the estate of TJ’s father-in-law. He had about 1200 acres of land in Stewart, Houston, and Humphreys counties. The Stewart County court ordered that all the land be sold, and TJ and his brother-in-law were taking issue with the sale of the Humphreys County land. To them it seemed that the executor railroaded the sales through and even bought some of the land cheap and resold it quickly to make a profit. The Humphreys County Chancery Court agreed that the Stewart County court had no jurisdiction to order the sale of the Humphreys County land. The entire proceedings occurred over the course of more than a decade, during which time several parties involved also died. It appears that the defendants (including those who had bought the land), after appealing to the Tennessee Supreme Court, settled out of court and paid all the court costs.

Footnotes

1. Muster rolls show that TJ Hall enlisted in Captain Frank Maney's Light Artillery Company, also known as Humphreys Light Artillery, or Maney’s Battery, that had been organized on 7 September 1861. The muster rolls didn't start until Feb 1863, but it says he was present and due pay since he enlisted 15 Dec 1861. Born 7 Nov 1844, TJ was only seventeen years old at the time he joined.
2. Soldier's Application for Pension, T.J. Hall # 6997, filed May 5, 1905.
3. Fort Hill At Waverly, Civil War marker: “…Waverly is the nest of the vilest and most pestilential set of traitors that live, and the place ought to be destroyed." — Col. William P. Lyon, 13th Wisconsin Infantry, July 29, 1863, https://www.hmdb.org/PhotoFullSize.asp?PhotoID=255688.
4. Tennessee State Library and Archives, JS Summers Vs. SS Ellison; Record Group 170, Supreme Court Trial Case Files, from Humphreys County Chancery Court, Middle Division, Range 20, Shelf 4, Box 43, filed 7 Aug 1878.
5. Stewart County Administrators Bonds, Roll 55, Volume J, pages 125, and 126, 3 Sep 1866, appoints Charles S Summers Jr administrator. Dr. C S Summers Sr and A (Adolphus) D Summers are also bound.
6. Marriage: "Tennessee, U.S., Marriage Records, 1780-2002"
   Tennessee State Library and Archives; Nashville, TN, USA; Tennessee State Marriages, 1780-2002
   Ancestry Sharing Link - Ancestry Record 1169 #2798533 (accessed 27 May 2023)
   Thos J Hall marriage to F C Summers on 30 Oct 1867 in Stewart, Tennessee, USA.
7. On July 28, 1899, Cope Hall was found guilty of voluntary manslaughter and sentenced to eight years of hard labor in the state penitentiary at Nashville. Microfilm Roll #A-5, Humphreys County, TN, Circuit Court Minutes, vol. 11, 7/1898-1/1903. Documented in The Bakerville Review Abstracts Volume II 1897-1898 from Thursday, May 19, 1898, on page 4 of Volume 2, Number 40, at the Tennessee State Library and Archives, in Nashville, Davidson County, Tennessee, TJ’s son, Cope Hall, shot Charley Cathey, "...the cause of the killing is one of the same old stories that of a woman not worth the life of a cat." Charley was the son of John G. Cathey, and both are named in the suit pertinent to our story.

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RECORD GROUP 170 – SUPREME COURT TRIAL CASE FILES MIDDLE DIVISION – PROCESSED MT 43 J.S. SUMMERS ET AL. VS S.S. ELLISON ET AL.

J S Summers et al

S.S. Ellison et al Filed Aug 7, 1878 W.N. Cowden Clk 10th Eq

Humphreys Co

(Ex 7364)

(Ex 7364)

Index Prosecution Bond Page 1 Entries on Mule Docket “ 112-1 Original Bill “ 2 Cross Bill “ 116 1st Amended Bill “ 20 1st Order Apt Guar ad litem “ 120 2nd “ “ “ 36 2nd “ “ “ “ “ “ 120 Transcript – Stewart County Court, 1st Bond of administrator. Page 39 3rd “ “ “ “ “ “ 121 2nd “ “ “ “ 41 Letters “ “ “ 40 order lieve to Phifer et als Inventory” “ “ 42 Notice of Insolvency “ 45 Time to answer “ 121 Publication “ “ “ 46 Settlement of Admin “ 55 Ans of Phifer et als “ 122 Petition “ “ “ 57 Subpoena (Spa) to Answer “ 61 1st “ “ Guar ad litem “ 128 Order Apt Guar ad litem “ 63 “ of reference “ 66 2nd “ “ “ “ “ “ 129 Report of Sale by clerk “ 67 “ “ “ Confirmed “ 70 Caption of Court “ 130 Judgt on note of GR Keel “ 71 Repts of pay by CS Summers “ 72&73 Complts proof of Jas Cook “ 131 “ “ “ “ DA Wynns “ 74 Decree divesting & vesting title “ 77 Cross Examination “ “ “ “ 135 Guar Bond TB Summers “ 80 Rept of Settlement CS Summers” 85&86 Final Decree “ 145 Deeds No 1 “ 99 Appeal Bond “ 151 “ “ 2 “ 101 “ “ 3 : 104 Spa to Ans. Humphreys County” 106 “ “ “ Houston “ “ 107 “ “ “ Benton “ “ 108 “ “ “ 1st Am’d Bill “ 107 “ “ “ 2nd “ “ “ 110 Order give Defts time to Ans “ 116

Transcript of the Record in the case of JS Summers et als vs. SS Ellison et als. Page 1

Prosecution Bond

Know all men by these presents That We, JS Summers and TJ Hall, principals, And JH OGuin and DD Cooley, their Securities, are held and firmly bound unto SS Ellison, J Cathey, John Phifer, Sarah McCauley, and Missouri McCauley, in the just and full sum of two hundred and fifty dollars, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs, Executors and administrators jointly and Severally, firmly by these presents. Signed with our hands, and dated this the 2nd day of June 1875.

The condition of the above obligation is Such; That whereas, the above bound JS Summers and TJ Hall hath the day of the date hereof, filed their certain bill of Complaint in the chancery court, at Waverly Tenn., against the above named TS Ellison, J Cathey, John Phifer, Sarah McCauley, and Missouri McCauley, as defendants. Now if

Filed Aug 7, 1878 WN Cowden clk

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The Said complainants JS Summers, and TJ Hall, Shall will and truly prosecute Said Suit or bill with effect, or pay Such costs and damages as may be awarded against them, by the court having cognizance thereof, then the above obligation to be void: otherwise to remain in full force and effect. JS Summers. TJ Hall John H OGuin. DD Cooley Endorsements Filed 2nd day of June 1875. A.C. Stockard C&M

Original Bill

To the Hon Geo H Nixon, Chancellor etc, presiding in chancery at Waverly, Tenn.

Humbly complaining your orators, JS Summers, TJ Hall, and TB Hall a minor, who Sues by his father and next friend TJ Hall, all citizens of Houston County Tenn., ^[8] respectfully represent and Show that, TB Summers departed this life intestate in Stewart County Tenn., Some time during the year 1866, leaving him Surviving as his children and heirs at law, CS Summers,

Footnotes

8. Houston County was formed in 1871 from parts of both Humphreys and Stewart Counties. Until this record, I was unaware that TJ Hall ever lived in Houston County. Throughout the census record, TJ Hall was enumerated in no county other than Humphreys.

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FC Summers, who afterwards married TJ Hall, ^[9] RA Summers, AA Summers, Sarah McCauley and Missouri McCauley, the last three of whom are minors.

The Said TB Summers died Seized and possessed of four tracts of land, three of which are located in Stewart County, and one of which is lying in Humphreys county Tenn., and bounded as follows, to wit” First tract: Lying in Said county of Stewart, on White Oak Creek: Beginning at a Stake on the East bank of Said creek a little above the mouth thereof; thence East 406 poles to a dogwood; thence north 320 poles to a beech on the bank of Said creek; thence with Said creek with its meanders to the beginning containing four hundred acres. Second tract: Lying in Said county of Stewart; Beginning on a beech on the east boundary of Said 400 acre tract; thence South 180 poles to a white oak; thence East 250 poles to a black gum; thence north 61 poles to a red oak; thence West 123 poles to a chestnut; thence North 119 poles to a white oak; thence west 9 poles to the beginning, containing 150 acres. Third tract: Lying in Said county of Stewart; Beginning on a beech the _west corner of Said 150 acre tract, running North 126 poles to two chestnut oaks; thence East 93 poles

Footnotes

9. Bingo! There it is. TJ Hall married FC Summers, the daughter of Thomas B. Summers of Stewart County, Tennessee. TJ and FC Summers Hall were the parents of TB Hall. Now that glaring hole is gone. TB Hall is Thomas Bell Hall, the father of Ernest Colvie Hall (“Daddy Hall” to the family). Since TB Hall died young, not much is known of him. Concerning his middle name, granddaughter, Betsy Hall Hickman, says she has known “all my life” that his middle name was “Bell.” The article included in the Humphreys County Heritage book, published in 1979 by the Humphreys County Historical Society, page 196, says the middle name was “Bryan.” Conclusive evidence supporting the former name comes by way of his daughter, Lora Bell Hall (Lobell), who applied for a Delayed Certificate of Birth. She said her father’s name was Thomas Bell Hall. Further support of this claim comes by way of his mother’s family. Her father was Thomas B. Summers, son of Sophia Bell. It is likely that the name was passed to Thomas Bell Hall. Incidentally, Lobell Hall spelled her middle name as “Bell” when she applied for that birth certificate. The name on Lobell’s death certificate was incorrectly spelled as “Belle.” Additionally, the obituary of daughter, Nora, states that she was the daughter of "Thomas Bell Hall." It also spells Lobell’s middle name as “Bell.”

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To a white oak; thence north to a black oak; thence west 93 poles to the beginning. Fourth tract: Lying in Said county of Humphreys, and bounded as follows: Beginning on the East bank of Tennessee River and below the Mouth of white oak creek, and on the county line between Stewart and Humphreys counties; thence east with Said line 409 poles to two hickories; thence South 128 poles to a Stake; thence East 58 poles to three hickories; thence South 10 poles to a Sweet gum, the dividing line made by TB Summers and Jas A. Cook; thence with Said line 437 poles to a beech on Said River; thence down Said River with its meanders to the beginning containing 359 acres. This last tract of land the Said TB Summers had purchased from Mary Stoddart during his life time, taking a bond for title thereto. At the time of his death, there was Still due and unpaid of the purchase money on this last mentioned tract, about Six hundred dollars, which amount was paid after his death by his administrator, and title thereto was made to the heirs at law, by name, of the Said TB Summers deed. Orators further Show that on the 3rd day of Sep 1866, CS Summers was appointed the administrator of the estate of the Said TB Summers decd, by the County Court of Stewart County, and as

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Such gave bond and qualified, and immediately thereafter entered upon the discharge of his duties as Such. On the day of December 1866, the Said CS Summers, as Said administrator, filed with the clerk of the County Court of Stewart County his inventory of the personal effects of his intestate estate, which Showed that there came into his hands, to be administered, personal effects, belonging to his intestate’s estate, the Sum of $3108.80. On the 26th day of June 1867, the Said administrator, Suggested in the usual way, the insolvency of Said estate, and publication in pursuance thereof was made, requiring Creditors to file their claims. On the 16th day of Oct 1867, the Said administrator made a Settlement with the clerk of the county court of Stewart county, which Showed that he was charged with personal assets amounting in the aggregate to Sum of $3108.80. In this sum he was allowed in the way of credits, and Compensation the Sum of $1457.94, leaving in his hands unexpended the Sum of $1650.86. The claims filed against Said estate, up to this time, amounted in the aggregate to the Sum of $3578.88, as Shown by the report of the clerk of Said County Court, which was filed at the Same time Said Settlement was made.

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Immediately thereafter the Said administrator filed his petition in the county court of Said county, praying that the Said land, of which the Said TB Summers died Seized and possessed, be Sold for the payment of debts. What his petition contained orators have no knowledge or information, as it is lost or mislaid, and no copy of it was ever Served upon orators. This petition was made returnable to the November term of Said Court 1867. At this term of Said court, the following Decree was made, Be it remembered that this cause came on to be heard before the Worshipful County Court of Stewart County, upon the bill, exhibits, and the proof in the cause, when it appearing to the Satisfaction of the Court, that all the parties interested as defendants have been Served regularly with process, but failed to do So, and FC Summers being over twenty one years old, ^[10] and SF Summers over fourteen years of age. It is ordered by the court that all the allegations of Said bill be and the Same is taken for confessed, and Set for hearing ex parte as to them. And it further appearing that RA Summers, ST Summers, AA Summers, Sarah McCauley and Missouri McCauley are

Footnotes

10. Since we don’t know her name, we now need to explore the census record to determine which daughter of TB Summers is FC Summers. We know from the above record that in November of 1867, she was at least 21 years old. She therefore must have been born in or prior to November 1846. There are only two contenders. In the 1850 census (enumerated 14 November), the two are identified as Frederica, 6 years old, and Clementine, 4 years old. In 1860 (enumerated 19 July), they are called Frances 15, and Clementine 13. From this we can infer that both were born between July and November. Unfortunately, nothing more is known of either. One or the other must have died prior to this suit as only FC is mentioned. Since neither “Frances” nor “Frederica” is a nickname for the other, I must conclude that the older is FF Summers and FC Summers is Clementine.

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under the age of twenty one years and have no regular guardian. It is therefore ordered that James M Scarbrough, attorney of this court, be and he is hereby appointed guardian ad litem to answer and defend this Suit for Said minor defendants. At the Same term of Said court, the guardian ad litem answered for Said minor defendants, but what was contained in Said answer your orators have no knowledge, as the Same is lost or mislaid. The said Court at the Same term made another order in the case, which is as follows, Be it remembered that this cause came on again to be heard before the worshipful court upon the bill, pro confesso, answer of the guardian ad litem, exhibits etc, when it not appearing to the court what amount of assets have come on Should have come into the hands of the administrator, nor whether or not it is all exhausted in payment of debts, nor what amount of debts, nor to whom owing, is now against Said estate. The clerk of this court is ordered to take proof and report, instanten to this court what amount of assets came an aught to have come into the hands of the admin-

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istrator, and whether or not it has been paid out on bona fide debts against Said estate, and also what amount of indebtedness yet Stands against Said estate unpaid and to whom owing, and what real estate belonging to Said estate.” The clerk & Master proceeded at once, and made out a report instanten, which is as follows: “The undersigned Clerk begs lieve to make to your worships court, the following report, to wit: That in obedience to a Decree made by your worships court, directing me to report the condition of the personal estate of Thomas B Summers decd., I find on Settlement with CS Summers administrator of TB Summers decd., that he is charged as per account of the Sales of the personal property of Said deceased, together with a list of Notes and accounts, belonging to the estate of Said decd, amounting in all to the Sum of $3108.80. He has filed vouchers amounting to the Sum of $1457.94, and after deducting the amount of his vouchers, from the amount charged against him, leaves available funds in his hands, amounting to the Sum of $1650.86. I find claims filed against Said estate, amounting to the Sum of $3578.88, and after distrib-

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uting the available funds in his hands among the creditors, I find that each dollar will only pay the Sum of 46 cents. The administrator states that there is a guardian fund of $1483.17, which has to be Settled out of the amount of the assets in his hands belonging to Said estate, and after rendering a Schedule of personal assets, he rendered a Statement, or Schedule of five tracts of land, containing about 1298 acres, lying in Stewart and Humphreys counties, belonging to the estate of Thos Summers decd. Signed W Cook clk.”

The Said court at the Same term thereof, then made the following Decree, in Said Cause, to wit: “Be it remembered that this cause came on again to be heard, on this the 4th day of Nov 1867, upon the bill Exhibits, pro confesso, proof and the answer of JM Scharbrough, guardian ad litem, appointed by the court to answer and defend for the minor defendants by this court, which is in the following words and figures, to wit.-Orators have Set out Said report, in full, in a former part of this bill The Decree then further recites that, it appearing further to the Satisfaction of the court that Thomas B Summers died intestate, a citizen of Stewart

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County, Some time in the year 1866, and complainant was regularly appointed his administrator, that the whole amount of personal estate that came into his hands, or aught to have come into his hands amounted to the Sum of $3108.80, including all the notes and accounts, money on hand etc, and after crediting Said administrator with insolvent debts, money paid out by him to the amount of $1657.94, leaving a balance in his hands of $1650.86, out of which amount there is a trust fund, which was in the hands of his intestate of $1483.79, which belongs to minor heirs, and which fund was charged to complainant in the above amount, leaving only$176.63 in his hands; and it also appearing that complainant Suggested the insolvency of Said estate on the 26th day of June 1867, before the clerk of this court, and made publication for creditors to file their claims against Said estate, properly authenticated by the 1st day of Oct 1867, and claims having been filed and properly authenticated and allowed by Said clerk against Said estate to the amount of $3578.88, which amount is unpaid, and there is no means in the hands of Said administrator, or to come into his hands, to pay Said indebtedness. And it appearing to the court

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that all the parties interested have been Served Regularly with process, and it fully appearing to the Court that it is necessary to Sell the Said land of the Said Thomas B Summers decd (describing them as heretofore described in this Bill) to pay off Said indebtedness. It is therefore ordered and Decreed that the clerk of this court, after first advertising as required by law, Sell all of Said lands, or a Sufficiency to pay off Said debts and costs, to the highest bidder, at the courthouse door in Dover, by Separate tracts, on a credit of twelve & eighteen months except cash sufficient etc, and ten dollars to JM Scharbrough for answering and defending for Said Minor defendants, and $50.00 to N Breeden as the attorney for complainant, and report to the January term 1868, how he has executed this Decree. At the February term of Said court 1868, the following Decree was made; “Be it remembered that this cause came on again to be heard before the worshipful county court of Stewart County, upon the report of Clerk and Commissioner in this cause, which is in the words and figures following, to with: “I, W Cook, clerk and commissioner in this cause of CS Summers admr of TB Summers decd. Against

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FC Summers et als, beg lieve to make to the court the following report. In obedience to a Decree made by the worshipful court, directing me to Sell the land in the pleadings mentioned, I did on the 7th day of December 1867, offer the land mentioned in the petition, on a credit of twelve and eighteen months, at the courthouse door in the Town of Dover, to wit: one tract on the South Side of white oak creek, near the mouth of Said creek, containing four hundred acres. Also one other tract containing 150 acres, granted from the State of Tennessee, and after crying the Same, they were Struck off to JR Keel, he being the highest and best bidder, at the Sum of $2117.00 and after deducting the costs and expense of Sale from the amount bid, I took his two notes for the Sum of $1023.10 each. I then offered the 72 acre tract and after duly crying the Same it was Struck off to DA Wynns, he being the highest and the best bidder, at the price of $17.00, and after deducting cost and expense of Sale, I took his two notes for $8.10. I then offered the 359 acre tract, in the petition mentioned, lying in Humphreys County on the bank of Tennessee River near the three tracts above mentioned, and after duly crying the Same,

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it was Struck off to CS Summers at the price of $1382.84, for which I took his two notes for $698.42 each. All of which is respectfully Submitted. Signed, W Cook.” And it appearing the Satisfaction of the court, that the land in the petition mentioned, has been Sold in obedience to the directions of the Decree made in the cause, and that Said report has been on file the usual time prescribed by law. It is therefore ordered by the court that Said report be and the Same is in all things confirmed. And at the July term 1869, of Said court the title to Said lands, was divested out of the heirs at law of the Said TB Summers, and vested in the purchasers. Orators would Show unto your honor, that at the pleading in Said Cause from the filing of Said petition down to and including the Decree for the Sale of Said land, were had and made on the 4th day of Nov 1867, it being the first day of the November term of Said court for that year. The report of the clerk & Master of Said court upon which Said order and Decrees were predicated Shows that there came into the hands of the administrator of Said estate person assets to the amount of $3108.80. The report of the clerk and master further Shows, that at the

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time Said land was Sold there was unexpended in the hands of Said administrator personal assets amounting to the Sum of $1650.86, and orators charge that this Sum was in his hands at the time Said Sale was made. The report of the clerk further Shows that the lands were Sold at the courthouse door in Dover, although the lands were distant from that place Some fifteen or twenty miles. Orators are advised and So charge that if Said land had been Sold upon the premises, instead of at the court house door in Dover, that a Sale of the four hundred acres tract purchased by GR Keel, would have been more than Sufficient to have paid all the debts outstanding against Said estate. Orators are advised and believe, that there was but little competition between bidders, which as they believe was owing altogether to the fact, that the land was Sold at Dover instead of on the premises. The tract of land purchased by Keel lies entirely on the Tennessee River and upon white oak creek, and is all rich productive valuable land, and was well worth at the time Sold more than four thousand dollars. Orators would further show that CS Summers the admin-

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istrator of the Said TB Summers decd, and the complainant in Said petition purchased the Said tract lying in Said county of Humphreys, at Said Sale. Orators Show further that this tract was first cried off to the Said CS Summers at the Sum of $500.00, but Some of the creditors having complained, he advanced his bill to the Sum of $1382.84. Orators charge that this tract did not bring one half its real value. Orators further Show, as they are advised and believe, that the trust fund of $1483.17, mentioned in Said report of the Said clerk, was never paid by the Said administrator at all. They further Show that no Such claim was ever filed against Said estate, and as they are advised and believe, no Such claim ever existed against Said estate. If any Such claim ever existed at all, certain it was that evidence of it was before the clerk when he reported upon the indebtedness of Said estate, and no Such claim, at any time was ever filed against Said estate. Orators further Show that if this amount was a trust fund in the hands of the Said Thomas B Summers at the time of his death, and as Such paper into the hands of his administrator, the latter did not charge himself with

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it as administrator, and Should not have been credited with it in his Settlement of Said administration. The amount of money on hand that came to the hands of the administrator, as reported by him, was only 800.00. Orators again charge that this amount was never paid out to any one, as they are informed and believe. This Sum Should have been paid out upon bona fide debts against Said estate, as it was part of the assets of Said estate, which was not done, as orators are informed and believe. The trust debt mentioned was Simply a debt against Said estate, and Stood on Equal footing with the balance. Orators are informed and believe that Said court had no jurisdiction to Sell Said land, the amount of the personal assets being in excess of $3000.00; and that the Sale of the Same is void. They further Show that the purchase of Said tract, lying in Humphreys County Tenn., by Said administrator, is in violation of law, and therefore void. Orators would further Show that Soon after his purchase of the Said land lying in Humphreys County, the Said CS Summers Sold and conveyed the Same to SS Ellison, and J Cathey, citizens of Humphreys County Tenn.,

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and to John Phifer of Benton County Tenn. These parties immediately after their Said purchase, took possession of Said land, and have used and occupied the Same ever Since. Orators further Show that the Said Ellison and the Said Cathey have cut off and Sold all the valuable timber that was growing upon Said land, to the value of more than one thousand dollars. The timber thus cut off was Stave timber, and raftings. Orators further Show that the yearly rental value of Said land, amounts to one hundred and fifty or two hundred dollars, as they are informed and believe. The Said Ellison and Cathey have both improved Said land to Sum extent, but to what value orators are unable to State. Orators are informed however that, the improvements put upon Said land, will add very little to its real value. The Said Ellison has recently conveyed a part of Said land to his Son SM Ellison, as orators are informed and believe. Orator TJ Hall would further show that he was married to the Said FC Summers on the day of Oct 1867, ^[11] at about the time Said petition for the Sale of Said land was filed, but was not made a party to the Same, and had no knowledge of the pendency of Said Suit, until after

Footnotes

11. They left the day out of the court record. Perhaps the clerk was going to later go back and complete it, and then forgot. The point leaves us wondering whether they married the same day, the next day, or had married earlier in the month and just formalized it on the 30th. The 30th is when the marriage license was issued.

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Said land had been Sold. At the time Said land was Sold, the name of the Said FC was not Summers, but was Hall, and yet the whole proceedings was conducted against FC Summers and others. Orator JS Summers Shows that he was made a party to Said proceedings as ST Summers. Orator Hall would further Show that, the Said FC Hall, formerly FC summers, departed this life in 1869, leaving her Surviving as her only TB Hall, which was the only issue of the marriage between orator and the Said FC. ^[12] The Said CS Summers departed this life Some time during the year 1874. He left no children, never having had any, and orator JS Summers, TB Hall, and defendants AA Summers, Sarah McCauley and Missouri McCauley, are his only heirs at law. Orators will on or before the hearing of this cause file a certified transcript of the proceedings of the Sale of Said land, under the Decrees of Said county court, as a part hereof, to be Known as Exhibit “SH.” Orators will also file certified copies of the deeds to Said Ellison, Cathey & Phifer, made by the Said CS Summers, if necessary. The premises considered orators pray that the Said SS Ellison, J Cathey, and SM Ellison, citizens of Humphreys County

Footnotes

12. * 1870 Census: "1870 United States Federal Census"
Year: 1870; Census Place: District 1, Humphreys, Tennessee; Roll: M593_1539; Page: 9B
Ancestry Sharing Link - Ancestry Record 7163 #4666297 (accessed 27 May 2023)
Thomas B Hall (25), Farm Laborer, in District 1, Humphreys, Tennessee. Born in Tennessee.

Name	Sex	Age	Occupation	Birth Place
William C Hall	M	57	Farmer	Tennessee
Laura B Hall	F	55	Keeping House	Tennessee
Thomas J Hall	M	25	Farm Laborer	Tennessee
Mary F Hall	F			Tennessee
Frank P Hall	M	19	Farm Laborer	Tennessee
Harriet E Hall	F	16		Tennessee
Thomas B Hall	M			Tennessee
Charles Hall	M	7/12		Tennessee

The 1870 census record shows TJ and Thomas B. Hall living with TJ’s parents, William C. and Levina Jane Cooley Hall. Standing in contrast to the court record, TJ is also the likeliest in the household to be the father of Charles. This census was enumerated July 1, 1870; Charles must have been born in December 1869. It seems likely that FC died in childbirth. Charles must have died young as there is no more known of him. He is not in the 1880 census. Frank P. Hall, above, did have a son, Charles Youra Hall, born October 1, 1873. Quite a sense of humor, wouldn’t you say?

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Tenn., John Phifer a citizen of Benton County Tenn., and Sarah McCauley, Missouri McCauley, and AA Summers citizens of Houston County Tenn., be made parties defendants to this bill, and that they make good and Sufficient answer to the Statements made in the Same. The Said John Phifer, SS Ellison, J Cathey and SM Ellison need not answer on oath, their oaths to their answers being expressly waived, and to this end that all needful and necessary process issue, according to the rules of practice in Your Honor’s Court. And on final hearing they pray that Said Sale of Said Tract of land lying in Said county of Humphreys, and described in a former part of this bill be declared void and for nothing held, and that Said conveyance from Said CS Summers to defendants Phifer, Ellison & Cathey, and from SS Ellison to SM Ellison, be declared void also and for nothing held, and that Said defendants be required to restore Said land to the possession of your orators, and the other parties entitled thereto, under the Decrees of your honors court. They further pray that an account of the rents and the value of the

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timber cut on Said land be taken, and that an account also of permanent improvements be taken and orators have a judgment for the Same. Orators pray for all Such other further and general relief as they may be entitled to in equity, under the facts and circumstances of the case, and as in duty bound they will ever pray etc. McAdoo & Lanier Sols

State of Tennessee | TL Lanier, atty for the Complainants, make Humphreys County| oath in due form of law, that the Statements made in the foregoing bill are true to the best of his knowledge and belief, and hereto Subscribed his name in my presence, on this the 1st day of June 1875 PF Gray D.C &M | T L Lanier

Endorsement-

Filed June the 2nd 1875. AC Stockard C&M

1st Amended Bill

To the Hon Geo H. Nixon Chancellor etc holding the chancery court at Waverly Tennessee.

Humbly complaining your orators JS Summers, TJ Hall, and TB Hall, a minor, who Sues by his

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next friend TJ Hall, and RA Summers a minor who Sues by her next friend JS Summers, all citizens of Humphreys County and Houston County Tenn. Respectfully represent and Show that on the 2nd day of June 1875 they filed their original bill, in your honors’ court at Waverly Tenn., against SS Ellison, J Cathey, SM Ellison, John Phifer, Sarah McCauley, and Missouri McCauley, in which they alleged that TB summers departed this life intestate, in the county of Stewart, Some time during the year 1865, leaving him Surviving as his children and heirs at law, complainants JS Summers, CS Summers, FC Summers, who afterwards intermarried with orator TJ Hall, RA Summers, AA Summers, Sarah McCauley, and Missouri McCauley, that the Said TB Summers, died Seized and possessed of four tracts of land located there in Stewart and Humphreys counties, and describing the same fully, that the Said TB decd, had purchased the last described tract from Mary Stoddart during his life time, and at the time of his death, there was then Still due and owing on Said land about the Sum of Six hundred dollars that on the 3rd day of Sep 1866, CS Summers was duly ap-

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pointed, by the County court of Stewart County, administrator of the estate of the Said T.B. decd, that he filed an inventory of the personal assets of Said estate, that on the 26th day of June 1867, the Said administrator made a Settlement with the Said clerk of his Said administration, which Showed that there Came into his hands, to be administered, personal assets amounting to the Sum of $3108.80, that in this Settlement, the Said administrator was allowed in the way of credits, the Sum of $1457.34, for disbursements by him made, leaving in his hands and unexpended balance of $1650.86, that the claims filed against Said estate amounted in the aggregate to the Sum of $3578.88, that immediately after this Settlement was made, Said administrator filed his petition in Said county court, to have Said lands Subjected to the payment of the Said debts So filed, but that orators could not State the contents of Said petition, as the Same was then lost. That Said petition was made returnable to the November term 1867, of Said court, that at Said Nov term of Said court, an order of reference was made, requiring the clerk to take proof and report upon the matters and things charged in Said petition, that at Said time

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a guardian ad litem was appointed, to represent the minor defendants, that at Said term the clerk reported that the assets belonging to Said estate in the hands of the administrator amounted in the aggregate to the Sum of $3108.80, that he had been allowed credits, amounting to the Sum of $1457.94, that there was an unexpended balance in the hands of the administrator, of $1650.86, but that the administrator claimed that out of this fund a trust debt had to be paid, amounting to $1483.17, and that the intestate of petitioner died Seized and possessed of five tracts of land, describing them, that at the Same term of Said court, Said court Decreed that the Said land be Sold for the payment of debts, that in pursuance of this Decree of Sale, the clerk of Said court did Sell Said land, and GR Keel purchased two of Said tracts at the price of $2117.00, that DA Wynns became the purchaser of one tract at the price of $17.00. and that CS Summers became the purchaser of another of Said tracts, at the price first at $600.00, but afterwards raised his bid to the Sum of $1382.84, that the Said CS Summers afterwards Sold and conveyed the Said tract So purchased by him to the Said SS Ellison, John Phifer, and J Cathey, and that the Said SS Ellison had con-

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veyed a part of the Same to his Son SM Ellison, that the Sale of Said lands under and by virtue of Said proceeding, in Said county court was void, and that Said purchasers acquired no title by reason of their Said purchase, and consequently conveyed none to their vendees. Orators have not attempt to set out fully all the Statements Charges and averments made in Said original bill, but for a more detailed Statement of the charges made in the Same, Said original bill is here Specially referred to.

Now by way of amendment and Supplement, and by way of revision, orators would respectfully Show, that Said petition was filed and Said proceeding were had in Said cause, and Said lands were Sold without their consent, knowledge or approbation. Orator JS Summers would Show that he was not made a party to Said petition by his proper name, nor was process Served upon for the time and in the manner required. Orator TJ Hall would Show that, at the time Said petition was filed he had intermarried with and was the husband of FC Hall formerly FC Summers. The Said FC Hall was prayed to be made a party defendant to said petition by her maiden name, though She was the married to orator TJ.

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Orator T.J. Shows that neither he nor his wife F.C. had and notice of the filing of Said petition, nor did they know that any Such Suit was pending in Said county court, until Said land was Sold, and the purchaser had entered thereon and taken possession thereof; no process issuing from Said court, in Said cause, was at any time Served upon orator TJ and his wife FC: And Orators are informed and believe that the Said RA Summers, Sarah and Missouri McCauley, had no sufficient or legal notice, knowledge, information or belief of the filing of Said petition, or the pendency of Said cause. Orators Show that the transcript of the Second of Said proceeding Shows that copies of the petition and Subpoena to answer were issued by the clerk of Said court, and that the Same were placed in the hands of WT Keel, who was then Shff of Stewart County Tenn., and the return of Said Keel thereon Shows that the Same was Served on orators, and upon all the heirs at law of the Said TB died; but orators would Show that Said returns are false, that no copy of Said petition was ever at any time given to them, and that Said Subpoena was at no time Served upon them as the law directs in Such cases. Orators are further informed and believe that

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the return endorsed on Said Subpoena and the name Signed thereto, are not in the hand writing of Said Keel, but are in the hand writing of Some other person, and that the whole thing was a fraud upon Said court, and an imposition upon Orators. Orators further Show that the Said tract of land which was bid off to the Said CS Summers was first cried off to him, as they are informed and believe at the price of $500.00, but as the Securities on Some of the debts due from Said estate complained at the Sacrifice of the lands, particularly as Said lands failed to bring enough to pay off Said debts, according to the Settlements of the Said administrator, he afterward increased his bid to the Sum of $1382.84.

The Said CS Summers, as orators are informed and believe, bid of Said land for the purpose of Speculation, or for the purpose of making money out of the estate of his Said intestates’ estate. Soon after he purchased Said land, under Said Sale, he Sold the Same to the Said SS Ellison, John Phifer, and John Cathey at the price of $1921.25, for cash. Orators are also informed and believe, that the money the Said CS Summers paid for Said land, was money belonging to his

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intestate’s estate, and assets in his hands. The Said Summers at the time he purchased Said land had no means of his own to pay for the Same, as orators are informed and believe. Orators are informed and believe, that the estate of the Said T.B. decd., was not insolvent, and if the personal assets had been properly accounted for and administered, they verily believe that they would have been Sufficient to have paid off and Satisfied all the debts outstanding against Said estate. The Suggestion of the insolvency of Said estate, as they believe and charge, was a fraud upon the rights of creditors, as well as upon the interests of orators, and was done as orators verily believe, to enable the Said CS Summers, as the administrator of Said estate to Speculate upon the assets of the Same. Claiming in his Said petition and in his Settlement, that over fourteen hundred dollars of the money found in his hands was charged with a trust, yet he kept it in his possession, and did not pay it out, as orators are informed and believe, until Some time in the year 1869, for years after qualification and appointment as Said administrator. Orators Charge

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that the Statement in Said petition contained to the effect that of the moneys then in the hands of the Said administrator the Sum of $1483.17, was a trust fund, was false and he knew it to be So at the time. And they Show that the whole of the $3108.80 found in his hands, at the time his first Settlement was made, was personal assets in his hands to be administered. Orators further Show that they are informed and believe, that a large amount of personal assets conv to the hands of the Said CS Summers with which he never charged himself, and for which he rendered no account. Orators further Show that they are informed and believe, and So charge the fact to be, that at the time of his death, the Said TB decd had in his possession the Sum of $1750.00, all of which passed into the hands of the Said CS Summers, or Should have come to his hands, and yet he charged himself with only $800.00 in money. They further Show that in his Said Settlement he received credit for the Sum of $150.00 paid to orators in the way of a years Support, and was credited with all the exempted property the Said TB decd had or owned at the time of his decease. Orators Show that not one dollar was ever expended by the

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Said CS Summers as Said administrator for their use and benefit, or for the use and benefit of either of them; nor was any of the exempted property of the Said TB decd., turned over to orators, or either of them, or to any one for their use and benefit, but the whole of it passed into the hands of the Said CS Summers, and was by him used and applied to his own personal use and benefit. Orators find also from an inspection of the transcript of the record of Said proceeding, that a great many of the claims filed against Said estate were for the use of the Said CS Summers, and orators can only account for this, upon the ground that the Said CS Summers, as Said administrator purchased up Said claims, at a Sacrifice and then filed them against Said estate as bona fide claims, and as Such had them allowed and paid off. At the time orators filed their original bill, the petition and answer of the guardian ad litem, filed in Said cause, could not be found. They have been found Since. The Said petition mentioned, States that the estate of the Said TB decd., was insolvent, but contained only a Statement

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that its insolvency had been Suggested. Said petition mentioned charges that the personal assets of Said estate had been exhausted in the payment of bona fide debts and charges, but on the contrary Said petition, as well as the Subsequent report of the clerk, Show that there was then in the hands of the Said administrator a large amount of personal assets, which had not been appropriated, or expended. Said petition nowhere charges, directly and Specifically, that a Sale of the Said lands was necessary for the payment of debts; and orators charge that it was not necessary, if all the personal assets had been faithfully and properly applied. The Said petition nowhere charges that the Said administrator had faithfully performed his duties as Said administrator, or had faithfully applied the personal assets in his hands, or that Should have come to his hand by the exercise of ordinary diligence, nor was there a scintilla of proof taken during the whole progress of the cause, Showing in what manner the Said administrator had performed his duties or discharged his trust, Save and except

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his Said Settlement with the Clerk of Said Court, which was made without giving to orators any notice whatever. The Said petition prayed and the Decree of Court directed that Said lands Should be Sold in Separate tracts, and yet the report of the clerk Shows that two of the Said tracts were Sold together, and bid off to GR Keel, at the price of $2117.00, and this amount was Subsequently abated largely by Said administrator. Orators believe and So charge that, the whole proceeding in Said cause, was and exparte affair, without notice to any one, and conducted in a manner, contrary to all the rules of chancery proceeding, and violative of the most Sacred property rights of orators. Orators Suppose it to be true that a guardian ad litem was appointed to look after Said Suit for them, but they Show that he paid no further attention to Said Suit than Simply to file an answer, and collect his fees, and the answer filed by him was filed three days before he was appointed, And orators are informed and believe that all the orders, reports and Decrees made in Said cause, down to and including the report of Sale were

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all written up, prepared and Signed before the appearance term of Said cause. The whole proceeding until a Decree of Sale was pronounced, was conducted in the utmost hast]e] and celerity, So much So that an order pro confesso as to the adult defendants, and an order appointing a guardian ad litem for the minor defendants, and order of reference requiring the clerk to take proof and report as to the condition of a large estate, the making out and filing of Said report, and a Decree for the Sale of Said lands were all done and performed on one and the Same day, to wit: on the 4th day of Nov 1867, it being the appearance term of Said cause, and the 12th day after Said petition was filed. Orators are not very familiar with the rules of practice concerning allpications for the Sale of lands for the payment of debts decedents, in the county courts of the State, nor do they know what length of time, ordinarily is considered necessary to procure an order of Sale in Said courts. They must Say however, without any disparagement to the other judicial tribunals of the State, and without any reflection upon the county court in question, that the celerity with which Said

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proceeding was conducted in Said court, is So far as their experience and observation extends, without precedent, and defies competition. How and why so much was done in So Short a period of time, why Such a proceeding Should be conducted with Such haste and rapidity is one of the judicial marvels of the day, and can only be accounted for on the ground that all the orders, reports and Decrees allowed in the cause had all been written up, prepared and Signed before the Nov term of Said court 1867, and in the absence of all proof to authorize, warrant or Sustain them. Orators charge that the Sale of Said land under and by virtue of Said proceeding is void, and fraudulent and the Decree of Sale was procured by fraudulent means and practice, and that the purchasers of Said land, under Said Sale acquired no title to Said land for the following reasons, to wit: 1st. The estate of TB Summers was not insolvent; and therefore the county court could have no jurisdiction to Sell Said land. 2nd. The personal assets were not all exhausted at the time Said petition was filed and Said land was Sold. 3rd. The heirs at law of the Said TB Summers were not before

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the Court during the progress of Said proceeding 4th. The personal assets of Said estate exceeded in value three thousand dollars. 5th. The Said administrator purchased the Said land lying in Humphreys County, at his own Sale, and for an inadequate price, and for purposes of Speculation. 6th. The person al assets of Said estate were Sufficient to pay off all the bona fide debts, outstanding against Said estate, if they had been properly administered. 7th. Neither the petition, proof or reports of the Clerk Showed that a Sale of the land was necessary to pay bona fide debts. 8th. There was no proof to sustain the allegations of the petition, or to warrant the Sale of Said land; And 9th. The whole proceeding was irregular, and contrary to all the rules governing chancery court proceedings. Orators will file a transcript of Said County Court proceedings as a part hereof, to be Marked A before final hearing. Orators Show that Since their original bill was filed in this cause the Said John Cathey has departed this life, intestate, in Said County of Humphreys, leaving him Surviving as his widow Rebecca Cathey, and as his children and heirs at law WJ Cathey, JA Cathey, C Cathey, MA Cathey,

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H Cathey, David Cathey, Eudora Cathey, Josephine Cathey, Caroline Cathey, Robert Cathey, Charles Cathey, and Maggie Lee Garrett, grand daughter of John Cathey decd, the latter eight of whom are all minors with no regular guardian, all of whom are citizens of Humphreys County. Hooper has been appointed his administrator.

Orators pray that the Said SS Ellison, Rebecca Cathey, MJ, JA, C, MA, HH, Charles, David, Eudora, Josephine, Caroline, and Robert Cathey, SM Ellison and Maggie Lee Garrett, all citizens of Humphreys County, John Phifer, a citizen of Benton County Tenn., and Sarah and Missouri McCauley, minors & citizens of Houston County Tenn., All be made parties defendants to this amended and Supplemental bill, and that they be required to Answer the Same, but the Said SS Ellison, SM Ellison, John Phifer, and Cathey, need not answer on oath, their oaths to their answers being waived; and to this end they pray for all needful and necessary process to issue, and on final hearing orators pray as in their original bill. They pray that this bill be heard with and as a part of their original bill HM McAdoo & TL Lanier Sols

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State of Tennessee | JS Summers and TJ Hall, Humphreys County | Complainants in the foregoing Bill, Make oath that the Statements Made in the Same, are true to the best of their Knowledge, information, and belief, and hereto Subscribed their names in my presence, on this the 13th day of Sep 1876.

AC Stockard C&M | TL Lanier

Endorsement – Filed 13th Sep 1876. AC Stockard C & M

2nd Amended Bill

To the Hon Geo H Nixon Chancellor & C, holding the chancery court, at Waverly Tenn.

Humbly complaining, your Orators J.S. Summers, TJ Hall, and TB Hall, a minor who Sues by his next friend TJ Hall, and RA Summers a minor who Sues by her next friend TJ Hall, all citizens of Humphreys County Tenn., respectfully represent and Show unto your honor, that on the 2nd day of June 1875, they exhibited their original bill in your honors court as Waverly Tenn., against SS Ellison, and John Cathey, both of whom were

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Served with process, and both of whom entered their appearance in Said Cause, and made defense thereto. Afterwards Said Cathey departed this life intestate, leaving him Surviving as his children and heirs at law WJ Cathey, JA Cathey, Charles Cathey, CW Cathey, MA Cathey, HM Cathey, JD Cathey, Eudora Cathey, Josephine Cathey, MC Cathey, Robert Cathey, and Maggie Lee Garrett, the latter a grand daughter of the Said Jno. Cathey, and all of whom are minors, except WJ Cathey and without regular guardian. On the 13th day of Sep 1876, Orators filed their amended bill in Said cause, in which they alleged the death of the Said Jno Cathey, and prayed that his Said children and heirs at law, naming them be made parties to the Same. In Said amended bill Orators left out the name of Charles Cathey entirely, and failed to State correctly the proper names of Some others, and now they file this amended and Supplemental bill, in order to get all the children and heirs at law of the Said John Cathey properly before the court in Said case by their proper names. For a Specific Statement of the allegations contained in Said original and amended bulls, orators Specially refer to them. Orators pray that the Said WJ Cathey, JA Cathey, Charles Cathey, CM Cathey, MA Cathey, HM Cathey,

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David Cathey, Eudora Cathey, and Maggie Lee Garrett, be made parties to this amended and Supplemental bill, and that they be required to answer the Same; and also the amended and Supplemental bill filed in this cause on the 13th day of Sep 1876, and to this end that Subpoena issue, according to the rules of practice in your honors court. Orators further pray that this amended bill be heard with and as a part of the original and amended bulls heretofore filed in this cause, and they for all the relief Sought in Said original and amended bills. TL Lanier Sol for Complts TL Lanier Sol for complainants in the above and forgoing amended bill, makes oath that the Statements therein made are true to the best of his knowledge information and belief, and hereto Signed his name in my presence, on this the 10th day of March 1877. A.C. Stockard C&M | TL Lanier

Endorsement- Filed 10th April 1877. A.C. Stockard C&M

Exhibit “A” to 1st Amended Bill

Be it remembered that heretofore to wit: At

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a County Court began on Monday the 3rd day of September 1866, and held for the county of Stewart in the State of Tennessee, at the court house in the town of Dover, present and presiding the worshipful Isaac Williams Chairman, together with John Jones and LD Hargis Esqrs, Justices etc, when the following among other proceedings were had, to wit: On application of Charles S Summers Jr., it is ordered by the court that, he have letters of administration upon the estate of TB Summers decd, and he entered into bond the Sum of five thousand dollars, with AD Summers, and Charles S Summers Sen. As his Securities, and was Sworn, and the Same was ordered to be recorded. “We Charles S Summers Jr., Charles S Summers Sen., and AD Summers, are bound to the State in the penalty of five thousand dollars, witness our hands, this the 3rd day of Sep 1866. The conditions of the above obligation are Such that; Whereas, the above bound Charles S Summers Jr., has been appointed administration of Thos B Summers decd, now if the Said Charles S Summers Jr Should will and truly as Such administrator, perform all the duties, which are or may be required

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by law, then this obligation to be void, otherwise to remain in full force and virtue. Acknowledged in open | CS Summers Jr seal Court, Sep term 1866 | CS Summers Sen seal Approved I. Williams Char | AD Summers seal

Letters of Administration

State of Tennessee | To CS Summers Jr., a citizen of Stewart County | Stewart County.-It appearing to the court now in Session, that Thomas B Summers has died, leaving no will, and the court being Satisfied as to your claim to the administration, and you having given bond and qualified as required by law, and the court having ordered that Letters of administration be issued to you. These are therefore to authorize and empower you, to take into your possession and control, all the goods, chattels, claims and papers of the Said intestate, and return a true and perfect inventory thereof, to our next county Court, to collect and pay all debts, and to do and transact all the duties in relation to Said estate which may lawfully devolve upon you as administrator, and after Settling up Said estate, to deliver up the residue thereof, to those who are, by law entitled. Witness. W Cook Clerk, of the county

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Court of Said County, at office, this 3rd day of Sep 1866, and 91st year of American Independence W Cook Clk

And at a county Court held on Monday the 6th day of May 1867, at the court house in the town of Dover, for the county of Stewart in the State of Tennessee, present and presiding, the worshipful Isaac Williams, Chairman, together with SL Genry and JA Daniel Esqrs, associate Justices, when the following among other proceedings were had, to wit: CS Summers appeared in open court, and entered into an additional bond, in the Sum of five thousand dollars, as the Admr of Thos B Summers decd., with Geo Cathey, Norman McKinnon, and DA Wynns as his Securities, and the Same is ordered to be recorded. 2nd Bond. We CS Summers Jr, Geo. Cathey, N McKinnon and DA Wynns, are bound to the State in the penalty of five thousand dollars. Witness, our hands, this the 6th day of May 1867. The condition of the above obligation is Such that, whereas the above bound CS Summers Jr, has been appointed administrator of TB Summers decd. Now if the Said CS Summers, Shall well and truly, as Such administrator, perform all the duties, which are or may

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be required of him by law, then this obligation to be void; otherwise, to remain in full force and virtue.

Acknowledged in open | CS Summers seal Court, May term 1867 | Geo Cathey seal Approved | N McKinnon seal Isaac Williams Chairman | DA Wynns seal

The following is an account of Sale and Inventory, returned to the Dec term 1866, of the county court of Stewart County, which was approved by Said court, and ordered to be recorded, to wit: 1 Bed and furniture to David Summers $2.00. Do $2.00. Do 1 Book $.25. Do 1 lot Books $2.20 & Do 1 valise $.25. 1 lot of plows to Robert Summers & 2 cottons, 2 hoes $ 1 colts repeater $16.70. To WS Wheatley 1 Scythe & cradle $2.00. To Robert Summers 1 Sorrel horse $100.00. JH Hall 1 black mule $12.00 and 1 yoke oxen $65.50. John Davidson 1 yoke oxen $ 40.00. James Stebrooks 1 yoke yearlings $32.00. James L Daniel 1 yoke yearling $21.00. N McKinnon 1 yearling $8.00. BS French 1 red heifer $12.85. Henry Wynns 1 white faced cow $ calf $25.00. 1 white faced cow $ calf to WA Wheatley $27.50. John Cuff 1 Cow $ Calf $25.00. Nelson Summers 1 white cow & calf $19.00. Daniel Green 5 hogs 1st choice $42.75. Nelson Summers 5 hogs 2nd choice $40.75.

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Abram Brigham, 3rd lot $41.00. Thomas Bowling 4th lot $40.00. JM Brock 5th lot $26.00. Geo Bowling 6th lot $25.25. JA Duffle 7th lot $20.00, also 8th $10.50, 9th at $11.25. 10th at $9.25, 11th lot $8.75, 12th at $6.25, 13th lot $6.00, & 14th lot $2.50. ¼ interest in Sugar mill to DC Wilson $6.00. 4 hogs 1st choice to Alex McKinnon $32.00. 2nd choice to Thos Duffle $17.50. 3rd choice 9 hogs to JH Hall &18.50. 1 Lot out hogs to JH Hall $48.00. Total $913.85. A list of notes and accounts of the estate of TB Summers decd. 1 Note on John H Outlaw due 30th March 1858 $11.00 “ “ “ John McKinnon “ 2nd “ 1851 $ 3.05

“ “ Irvin Bradley “ 1st July 1859 $ 4.00

“ “ “ BL Stavely “ 1st Jan 1860 $10.00 “ “ “ Willie Lankford “ 5th Aug 1852 $10.00 “ “ “ Richard T Gilmore” 1st Jan 1851 $ 3.00 “ “ “ RJ French “ 2nd Nov 1860 $10.00 “ “ “ Wm McAuley “ “ Dec 1863 $150.00 “ “ “ David Alsup “ “ March 1861 $31.22 1 Act “ Allen Barnes “ 1st May “ $12.00 1 Note” Wm Obar “ 2nd Oct 1859 $16.00 “ “ “ Geo Cathey “ “ March 1862 $14.58 “ “ “ JM Hazelwood “ 1st Jan 1863 $75.00 “ “ “ Malcolm McKaskill” “ Aug 1859 $10.00

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1 Note on JH OGuinn due 13th Aug 1859 $10.00 “ “ “ CS Summers “ 30th Nov 1856 $9.35 “ “ “ “ “ “ 29th Aug 1852 $3.45 “ “ “ CS Summers & Co” 7th July 1858 $150.00 “ “ “ JA Cook “ 2nd Sep 1853 $20.65 “ “ “ OP Thompson “ 16th Jul 1857 $25.00 Money on hand 10th Sep 1866 $800.00

List of Corn Sold Nov 30th 1866 1st Lot 10 Bhls to CS Summers Jr at $2.80 per bhl $28.00 2nd “ 10 “ “ “ “ $2.50 “ “ $25.50 3rd “ 10 “ “ “ “ $2.35 “ “ $23.50 4th “ 10 “ “ “ “ $2.40 “ “ $24.00 5th “ 10 “ “ “ “ $2.50 “ “ $25.00 6th “ 10 “ “ “ “ $2.41 “ “ $24.10 7th “ 10 “ “ “ “ $2.35 “ “ $23.50 8th “ 10 “ “ “ “ $2.50 “ “ $25.00 9th “ 10 “ “ “ “ $2.50 “ “ $25.00 10th “ 10 “ “ “ “ $2.43 “ “ $24.30

Land Rents. 1st Lot 12 acres to CS Summers Jr $16.90 2nd “ 10 acres to “ “ “ $15.10 3rd “ 10 acres to “ “ “ $13.55 4th “ 10 acres to “ “ “ $15.30 5th “ 10 acres to “ “ “ $16.00 $1704.95

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Approved, and ordered to be recorded, at the Dec term 1866, of the Stewart County Court.

Notice of Insolvency.

State of Tennessee | Stewart County | To W Cook Clerk of the County Court of Stewart County.

The undersigned, administrator of Thos B Summers decd., being of opinion that the personal assets of Said deceased, is insufficient to pay the debts thereof, do hereby Suggest the insolvency of the Same, in order that proceedings may be had to distribute the Same prorata, among the creditors thereof, in accordance with the acts of the legislature of the State of Tennessee, relative to insolvent estates. This 26th day of June 1867. CS Summers admr.

Publication of Insolvency

State of Tennessee | Stewart County | To CS Summers Jr administrator of Thos B Summers decd. Whereas, on the 26th day of June 1867, Suggestion was made by you, that the estate of Thos B Summers deceased, of which you are administrator, is insolvent – which Suggestion was made by you to me in writing and Signed by you – Therefore you

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are hereby notified and required to give notice by advertisement in Some news paper published in the State aforesaid, and also at the court house in the town of Dover, for all persons having claims against Said estate to file the Same, properly authenticated, with the clerk of Said county court – on or before a day to be fixed by Said notice, of not less than three months, nor more than Six months – witness, Wm Cook Clerk of Said County Court, at office, the 26th day of June 1867 Wm Cook clk Endorsed – Filed 26th June 1867. I accept Service of this notice, this 26th June 1867. CS Summers admin

1st Settlement.

Report of a Settlement with CS Summers Jr admr of Thomas B Summers deceased. Be it remembered that on the 26th day of June 1867 CS Summers Jr administrator of Thomas B Summers decd., made Suggestion that the estate of Said deceased is insolvent in order that the Same might be distributed pro rata, in pursuance to the Acts of Assembly of the State of Tennessee – whereupon I as the clerk of the county court of Stewart County, made an order on the Said administration, requiring him

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to give notice by advertisement, in Same news paper published in the State aforesaid, for all persons having claims against the estate of Said deceased, to appear and file the Same, with the clerk of the county court of Said count, on or before a day to be fixed by Said notice, of not less than three, nor more than Six months, and Said claims when filed to be authenticated in the manner required by law, and it appearing that notice has been given by Said administrator, which notice for filing claims expired on the 1st day of Oct 1867, and the administrator having filed a Schedule of Said estate, the clerk therefore on the 16th day of Oct 1867, proceeded to take an account with Said administrator, according to the Acts of Assembly of the State aforesaid, relative to insolvent estates. The creditors of Said estate having filed their claims, which together with other proceedings, Set forth in Said report, herewith rendered, and is in words and figures following, to wit: Said administrator returned and account of the Sales of the personal estate of Said deceased, together with a list of notes and accounts, and other things due the estate of Said deceased to the county court of Stewart County, amounting in

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all to the Sum of $3108.80. I have allowed Said administrator the following credits, to wit:

Clerks fees Bond admr Letters & Stamps $4.50 “ “ Recording act of Sales .75 “ “ Filing Suggestion & Making order .50 “ “ Taking account & making Settlement 18.08 “ “ Copy of Settlement .50 “ “ Filing 65 claim. 10 each 6.50 “ “ Printers fee 3.50 “ “ Compensation 100.00 Order & recording commissioners report for 1 years provision for intestate’s children .50 N Branden attorney fee 25.00 Amt Clk’s fee as guardian Settlement Lankfords heirs 5.00 “ “ “ “ “ “ NEA Outlaw 2.00 “ “ “ “ “ “ Brighams heirs 20.00 Amt of Expenses to Jackson Tenn on business of estate 22.50 “ paid for gathering corn 20.00 “ bought for children’s years’ provision 150.18 “ paid for repairing farm (rails etc) 14.00 Clerk’s fee In Settlement Noah Oguins heirs 5.25 Amt paid Register’s fee 2.00 Railroad Tax Humphreys county 1866 12.621/2 Tax recpt for 1866 Stewart County 15.95

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Tax recpt for 1867 Stewart County 11.90 “ “ “ “ as Guar for EA Outlaw 3.90 Mary JS Stoddart recpt for ½ &600.00 on amt due on land 300.00 Mary J.S. Stoddart – recpt for ½ &32.35 land dues 16.17 “ “ “ “ “ “ all of $297.85 297.85 Bal on JH OGuins’ note on Set off 4.75 Amt paid on TB Summers note to CS Summers Shff 40.45 “ “ “ “ “ “ “ “ “” “ Set off 19.63 “ “ “ “ “ “ “ “ “” “ “ “ 53.99 “ “ “ “ “ “ “ Sam’l McAuly “ “ 58.82 “ “ “ “ “ “ “ “ “ “ “ 51.74 JM Hazelwood act as TB Summers “ “ 67.54 TB Summers Note to JA Cook “ “ 36.85 1 note on John McKinnon not collected 3.00 1 “ “ Irvin Bradley “ “ 4.00 1 “ “ BL Stavely “ “ 10.00 1 “ “ Richard L Gilmore “ “ 3.00 1 “ “ Malcom McKaskill “ “ 10.00 1 “ “ AP Thompson “ “ 25.00 Add Amt of Guar fund which he is charged with, and which he is bound to pay in full 1483.17 $2941.11 1 US Tomlinson Claim 4.35

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Int from 24th Dec 1866 to Oct 1867 21 due $4.56 2 DC Wilsons 7.87 Int on from 1st Jan 1865 to 1st Oct 1867 $12.84 $90.71 3 Blocks claims $7.80 Int from 1st Jan .66 to 1st Oct 1867 81 $8.61 4 James Barnes Claims $91.00 Int to 1st Oct 1867 95.111/2 18611/2 Cr May 4th 1851 $13.00 | Int to 1st Oct 1869 $12.48 | $25.48 due $160.63 5 FM Brock & TB Summers to DA Askue $13.20 Int from 12th April. 61 to 1st Oct 1867 $ 5.00__ due $18.21 6 TB Summers note to Laurie Ellison $20.45 Int from 17th March .61 to 1st Oct .67 $ 7.87 $28.32 Cr 20th March .61 $2.00 Int to Oct .67 .78 $2.78 due $25.54 7 TB Summers Note to H Rushing $48.09 Int from 1st Jan .62 to 1st Oct .67 $16.59 $64.68 8 TB Summers Note to AE Carter $65.00 Int from 15th May ,65 to Oct 1st ,67 $9.10 due $74.10 9 TB Summers Note to AE Carter $130.00 Int from 30th May ,65 to Oct 1st 1867 $18.20 due $148.20 10 TB Summers Note to AE Carter $26.00 Int from 10th June ,65 to 1st Aug ,67 $3.64 due $29.64 11 TB Summers Note JW Allen $110.83

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Int from 11th Jun ,66 to 1st Oct 1867 $11.63 due $122.46 12 TB Summers Note to Sarah Barnes $260.00 Int from 5th Nov 1859 to 1st Oct ,67 $124.80 $384.50 Cr Nov 27th 1860 42.55 Int to Oct 1st 1867 17.87 Cr 15th July ,66 20.00 Int to Oct 1st ,67 1.40$81.82due$303.08 13 Jas A Cook’s Claim $8.56 Int from 1st Jan 6_ to Oct 1st 1867 $3.46 due $12.02 14 TB Summers note to Jesse Luton $33.50 Int from 1st May ,64 to 1st Oct ,67 $4.70 due $28.25 15 TB Summers note to RN OGuin $51.20 Int from 1st Jan ,66 to 1st Oct ,67 $5.12 due $56.32 16 John Daniel’s Claim $14.65 Int from 1st Jan ,66 to 1st Oct ,67 $1.43 due $16.08 17 TB Summers note to Charlotte Daniel $10.00 Int from 8th Nov ,64 to 1st Oct ,67 $1.80 $11.80 Cr Mat 8th ,66 $ 5.00 Int to 1st Oct ,67 .40 due $6.40 18 TB Summers note to Elisha Jackson $ 2.00 Int from 20 Oct 1841 to Oct 1st ,67 3.12 due $5.12 19 TB Summers note to ST Anderson Guar $331.54 Int from 4th April ,59 to 1st Oct ,67 118.08 due $349.62 20 ST Anderson claim $44.55

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Int from 1st Jan ,67 to 1st Oct ,67 $1.00 due $45.55 21 T Summers note to ID Outlaw $8.00 Int from 8th Oct ,64 to 1st Oct ,67 $1.44 due $ 9.44 22 ID Outlaw’s claim $1.50 Int from 1st Jan ,64 to 1st Oct ,67 $ .33 due $ 1.83 23 TB Summers note to Seth Outlaw $10.00 Int from 10th Aug ,47 to 1st Oct,67 $12.05 22.05 Cr 18th Sep 1848 $8.00 Int to 1st Oct ,67 $9.12 $17.12 due $4.93 24 SH Bowls Claim $9.50 Int from 1st Jan ,63 to 1st Oct ,67 $2.40 due $11.90 25 TB Summers note to WW Wynns $78.90 Int from 10th May ,62 to 1st Oct ,67 $25.24 due $104.14 26 TB Summers note to Ann Brigham $109.00 Int from 28th Feb /62 to 1st Oct ,67 $36.51 due $145.51 27 TB Summers note to Ann Brigham $20.00 Int from 3rd April /64 to 1st Oct /67 $4.10 due $24.10 28 Summers & Oguins’ claim $136.55 Int from 1st Jan /67 to 1st Oct /67 $4.00 due $140.55 29 McNichols Whitlock & Richards’ claim $14.00 Int from 1st Jan /66 to 1st Oct /67 $1.47 due $15.47 30 TB Summers note to A Summer & Oguin $56.75 Int from 7th Dec /60 to 1st Oct /67 $6.74 due $63.49 31 TB Summers note to WR Oguin admin $192.95

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Int from 21st April 1860 to 1st Oct 1867 $85.86 due $278.81 32 Summers & Oguins Claim $21.34 Int from 1st Jan /62 to 1st Oct /67 $7.68 due $29.02 33 Thos McIntosh Claim $2.00 Int from 1st Jan /67 to 1st Oct /67 $.09 due $2.09 34 Thos B Summers note to Ellenden McGarrett $125.00 Int from 23rd Nov /62 to Oct 1st /67 $37.50 $162.50 Cr 30th April /66 $45.00 Int to 1st Oct /67 $3.82 $48.82 due $113.68 35 Guardian fund no account taken $933.69 36 “ “ “ “ “ 37 JW Parkers Claim $139.18 Int from 1st Jan /67 to 1st Oct /67 $6.26 due $145.44 38 Guardian fund (claim) 39 TB Summers note to WA Daniel $242.20 Int from 24th March /65 to 1st Oct /67 $60.55 Cr May 20th 66 $36.70 Int to 1st Oct /67 $4.89 due $261.16 40 TB Summers note to Jas Lee Jr $75.00 Int from 28th Jan /66 to Oct 1st 67 $6.56 due $81.56 41 TB Summers note to John Phifer $125.45 Int from 3rd Jan /66 to 1st Oct 67 $12.96 due $136.41 42 Mickley & Rogers Claim $16.90 Int from 1st Jan /63 to 1st Oct /67 $4.73 due $21.63

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43 WA Wheatley Claim $35.90 Int from 1st Jan /66 to 1st Oct /67 $3.76 due $39.66 44 Samuel Ellison heirs’ Claim $18.00 Int from 1st Jan /67 to 1st Oct /67 .81 due $18.81 45 JH Sikes’ Claim $58.25 46 JC Stone Claim $5.58 Int from 1st Jan /63 to 1st Oct /67 $1/67 due $7.25 47 A Catheys Claim $10.00 Int from 1st May /66 to 1st Oct /67$ .80 due $10.80 48 JR Hall use of CS Summers admin $45.00 Int from 1st Jan /67 to 1st Oct /67 $2.02 due $47.02 49 TB Summers note to Willis Rushing for use of CS Summers admin $1.00 50 JP McMillan claim to use of CS Summers admin$1.50 Int from 1st Jan /66 to 1st Oct /67 .15 due $1.65 51 Nelson Summers claim to use of CS Summers $25.00 Int from Jan 1st /67 to Oct 1st /67 $1.121/2 due $1.65 52 John Sullivans Claim, use of CS Summers $8.00 Int from 1st Jan /65 to 1st Oct /67 $1.32 due $9.32 53 FG Parker Claims use of CS Summers $13.00 Int from 1st Jan /67 to 1st Oct /67 $ .58 due $13.58 54 JW Slaughter claim, use of CS Summers $2.50 Int from 1st /66 to 1st Oct /67 $ .25 due $2.75 55 RC Holmes claim use of CS Summers $3.10

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Int from 1st Jan /66 to 1st Oct /67 $ .31 due $3.41 56 Daniel McAuley – use of CS Summers $9.50 Int from 1st Jan /66 to 1st Oct /67 $ .95 due $10.45 57 Margaret J Summers – use of CS Summers $13.50 Int from 1st Jan /67 to 1st Oct /67 $ .60 due $14.60 58 Jo Alsup. Use of CS Summers $20.57 - $20.57 59 TB Summers note to Jno David. Use of CS Summers $15.00 Inter from 8th Nov /64 to 1st Oct /67 $2.55 due $17.55 60 Jas Shaver to use of CS Summers $2.30 Int from 1st Jan /67 to 1st Oct /67 $ .10 due $2.40 61 WR McMillan – use of CS Summers $3.50 Int from 1st Jan /67 to 1st Oct /67 $ .15 due $3.65 62 TB Summers note to WC Wyatt $7.00 Int from 20th Nov /65 to 1st Oct /67 $ .84 $7.84 Cr 8th May /66 $2.00 Int to 1st Oct /67 $ .16 due $5.68 63 Bal due bill to Jas Alsup Set off to use of CS Summer’s $42.00 64 Z Childres’ note – use of Thos Ellison $17.30 Int from 28th July /62 to 1st Oct /67 $1.90 due $19.28 65 TB Summers to JA Alsup Col. use of CS Summers 42.74 $42.74 66 JR Adams Claim $8.90 Int from 1st July /63 to 1st Oct /67 $2.56 due $11.46 67 BP Summers Claim $42.60

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On Settlement CS Summers administrator of Thos B Summers decd. I find him charged as inventory and account of Sale of Said estate amounting to the Sum of $3108.80. he has filed vouchers amounting to the Sum of $2941.11, and after deducting the amount of his vouchers from the amount charged to him leaves an amount of $167.69, available funds in his hands, to be distributed among the creditors of Said deceased. I find claims filed against Said estate in favor of the creditors thereof amounting to the Sum of $3578.88, and after distributing the available funds, pro rata among the creditors, I find that it will pay So Small amount, that I added the Same to the real estate. The administrator States that there is a guardian fund of $1483.17, which he is to Satisfy out of the Amount of assets in his hands belonging to Said estate. And after rendering a Schedule of 5 tracts of land containing about 1298 acres, lying in Stewart and Humphreys counties, belonging to the estate of Thomas Summers deceased. 68 WH Weaks vs. BP Summers, Judgment TB Summers Security, amounting to the Sum of $210.60, with $1.85 costs. This claim filed on the 6th June 1868, after the

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time expired for filing claims.

To the Worshipful County Court of Stewart county at Dover in Tennessee.

CS Summers in his own right, and in the right of the creditors of Thos B Summers deceased, a citizen of Stewart County Tennessee.

Against –

FC Summers, RA Summers, AA Summers, and CS Summers, all citizens of Stewart County & State and Sarah McCauley and Missouri McCauley, the children of Adaline E McCauley, who was a daughter of T summers, both citizens of Said County and State.

Humbly complaining, Petitioner, CS Summers, would most respectfully State to your worshipful Court, that Thos Summers his father departed this life, a citizen of Stewart County about 1865, intestate leaving the above children and grandchildren as his only heirs and legal distributes, leaving no widow living. And at the Sep term of the County Court of Stewart County, petitioner was regularly appointed and was qualified, and gave bond, as the administrator of his personal estate; and after advertising as the law directs, Sold it all except the property allowed the children by law, and their years provision which was assigned them by commissioners appointed by your

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worshipful Court, and that the personal estate of his intestate had been greatly reduced by the different armies taking and destroying it, So that the whole amount that Came, or aught have come into petitioners’ hands to be administered only amounted to $3108.80, including all the Notes, accounts, Money on hand etc, and many of Said debts being insolvent, and Judgments Standing against intestate etc. Petitioner was allowed vouchers amounting to $1447.94, leaving in petitioners hands only $1660.80, and out of this fund is to be deducted $1483.17, it being a trust fund, in the hands of intestate as guardian and due to minor heirs: which fund was charged to petitioner, as part of his intestates’ estate. Petitioner finding that his intestates’ estate would be largely insolvent, did on the 26th day of June 1867, Suggest its insolvency to the clerk of the County Court of Stewart County, and Said clerk made and order requiring petitioner to make publication, and he did make publication in the Nashville Republican Banner, a news paper published at Nashville Tenn., and at the court house door, and other places as required by law for all persons having claims against his intestates estate, to file them properly authenticated, as required by law, with Said Clerk, on or before the

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1st day of Oct 1867, or they would be forever barred, and claims have been filed proven and allowed by the Clerk, amounting to the Sum of $3578.88, which amount is unpaid, and the personal assets except one hundred and Seventy Seven dollars and 83 cents is all exhausted, after taking out the trust or guardian funds as above Shown.

Petitioner States that his intestate died Seized and possessed of a large real estate, a good portion of it is hill and wild uncultivated lands, lying in the counties of Stewart and Humphreys, near the lines of those two counties, to wit: Grant from the State of Tennessee, for 150 acres Oct 20th 1845. Nat Whitmore’s deed for 400 acres, date Sep 21st 1839. Registered in Registers office of Stewart County, in Book No 14 pages 110 & 111. Deed from John L McCauley 72 acres, dated 16th April 1850, and Registered in Stewart County, Book No 20 page 147 & 8. One other deed made by JS Stoddart to the heirs of intestate, under title bond executed to intestate during his life time, and the payment of the balance of the purchase money by petitioner as Said administrator, dated Sep the 6th 1867, Registered in Humphreys County on the 25th Sep 1867, noted in Book A page 24, and recorded in Book 9 page 363 & 364, all of which deeds

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are herewith filed marked A, B, C, D & E, and asked to be taken as part of this Bill (but not to be copied)

Petitioner prays that all the above named parties as defendants, be made parties defendants to this petition, to wit: FC Summers, RA Summers, ST Summers, AA Summers, CS Summers, Sarah McCauley, and Missouri McCauley, all of whom are under the age of twenty one, except FC Summers and CS Summers, and all under the age of 14 years, except FC, RA & ST Summers, and have no regular guardian, and that copies and Subpoenas, and all other necessary process issue, and that all those over 14 years of age answer and that Guardian ad litem be appointed to answer and defend this Suit for all of Said infant defendants, and that on a final hearing-grant a Decree, ordering all of Said lands, or So much thereof as may be necessary to pay the debts, Sold on Such time as may Seem right and proper, Selling each tract Separate, to pay off and discharge the debts, so filed and now Standing unpaid, and to pay which there is no personalty, and grant petitioner all other and further relief, as the nature of his cause may require, and as in duty bound will ever pray. N Brandon Atty for Pet.

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State of Tennessee | This day personally appeared before Stewart County | me W Cook, Clerk of the County Court of Stewart County, CS Summers who made oath that all the allegations in the foregoing bill of his own knowledge are true, and those made from information of others he believes to be true. Sworn to and Subscribed before me, this 22nd Oct 1867 Test W Cook Clerk | | CS Summers admr

Endorsed -

CS Summers admr vs. FC Summers & others | O Bill – Filed Oct 22nd 1867. W Cook Clerk

Spa to Answer – (in Stewart Co trans) State of Tennessee

To the Sheriff of Stewart County. You are here commanded to Summon FC Summers, RA Summers, ST Summers, AA Summers & CS Summers, Sarah McCauley & Missouri McCauley, to appear before the Justices of Stewart County, as the court house in the town of Dover, on the 1st Monday in Nov 1867, to answer to the complaint of CS Summers, administrator of Thos B Summers decd. Wherein the Said CS Summers admr of Thos B Summers, is plaintiff and the Said FC Summers, RA Summers, ST Summers, A-

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A Summers & CS Summers, & others are defendants, herein fail not – and you then and there this Spa. Witness, W Cook Clerk of Said Court, at office, this 22nd day of October 1867 W Cook Clerk

Endorsed – CS Summers Admr vs. FC Summers & others | Spa to Ans Issued 22nd Oct 1867. Come to hand when issued. Executed in full by reading this Spa to FC Summers, RA Summers, ST Summers, AA Summers, CS Summers, Sarah McCauley and Missouri McCauley, and delivering to each of them a true copy of the Same, Oct 23rd 1867. WT Keel Shff And at a County Court began on Monday the 4th day of Nov 1867, and held at the court house in the town of Dover, for the county of Stewart in the State of Tennessee, present and presiding the worshipful Isaac Williams Chairman, and SL Gentry, and John A Daniel Esqrs, associate Justices, when the following proceedings were had, to wit: CS Summers Admr of TB Summers decd | Be it remembered VS | that this cause FC Summers, RA Summers, ST Summers | came on to be heard AA Summers, CS Summers, Sarah Mc- | before the worshipful Cauley, & Missouri McCauley, heirs at | County Court of Stew- Law of TB Summers deceased |

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art County, upon the bill, exhibits & proof in the cause, when it appearing to the Satisfaction of the court, that all of the above named defendants have been regularly Served with copies and Subpoena to answer to pleas answer or demur to Complainants bill, but have failed to do So, and FC, being over 21 years old, and RA Summers, ST Summers over 14 years of age, It is ordered by the court that all the allegations of Said bill, be and the Same are taken for confessed, and Set for hearing ex parte as to them, and it for further appearing that RA Summers ST Summers and AA Summers, and Sarah McCauley, and Missouri McCauley, are under the age of 21 years, and have no regular Guardian, It is therefore ordered by the court, that Jas M Scarbrough and attorney of this court, be and he is hereby appointed Guardian at litem, to answer and defend this Suit for Said in front of defendants.

Answer of Guardian Ad Litem.

The answer of RA Summers, ST Summers, AA Summers, Sarah McCauley, & Missouri McCauley, minor heirs of Thos. B. Summers deceased, by their guardian ad litem, JM Scarbrough, to the petition filed against them & others, by SC Summers admr, in the County Court of Stewart County Tennessee. Respondents for answer to Said

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petition, would State that they admit that, the Said Thomas Summers departed this life in 1865, in Stewart County as Stated in the petition, and that respondents are his children and Grand Children & heirs at law, as Stated. Respondents Suppose it is also true, as Stated in the petition, that the petitioner was duly appointed the administrator of the estate of the Said TB Summers decd, at the Sep term of this Court, now that he took possession of the personal estate etc., as Stated. Respondents also Suppose that Said estate is insolvent as alleged, but to what amount they cannot Say, nor are they advised as to the amount of the personal assets of Said estate, nor of the amount of debts against Said estate, nor of the amount of the trust fund, or guardian fund, referred to in the petition, but of all these things Respondents will expect the worshipful Court to require legal and Satisfactory proof. Respondents also Suppose it true that the insolvency of Said estate has been duly Suggested as Stated and abt the necessary Steps taken in regard thereof. Respondents also admit that the Said Thos Summers, died Seized and possessed of the real estate, lying in Stewart and Humphreys Counties, as Stated in the petition, and which real estate, they are advised descended to

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them as the heirs at law of the Said Thos Summers, in common with the other defendants, and which they are advised can only be Sold to pay debts, in the event the personal assets prove insufficient. Respondents therefore ask the Court to look well to these facts, and to require Satisfactory evidence, that the personal assets have been exhausted, in the payment of Bona fide debts before Decreeing a Sale of their lands for that purpose, and in consideration of their tender years and inexperience they ask the court to guard their rights in the premises in every particular, and having fully Answered they pray to be dismissed with their Costs etc JM Scarbrough Guar ad litem State of Tennessee | Before me Wm Cook clerk Stewart County | of the county court for Said County, JM Scarbrough, Guardian ad litem, for the respondents in the foregoing answer, and made oath that the Statements make therein, are true to the best of his knowledge and belief. Sworn to and Subscribed before me, this the 1st Nov 1867 Filed Nov 1st 1867. And at Said Nov term 1867, of Said Court, the following additional proceedings were had, to wit:

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CS Summers admr of TB Summers decd | Be it remembered VS | that this cause FC Summers, RA Summers, ST Summers, | came on again AA Summers, CS Summers, Sarah Mc- | to be heard, before Auley, and Missouri McAuley. | the worshipful – Upon the Bill, pro confesso, answer of the Guardian ad litem, exhibits etc. when it not appearing to the Satisfaction of the Court, what amount of assets Came, or aught to have come to the hands of the administrator, nor what amount of debts, and to whom owing now against Said estate – the clerk of this court is ordered to take proof and report, instanten, to this court, what amount of assets Come or aught to have come into the hands of the administrator, and whether or not it has been paid out on bona fide debts against Said estate, and also what amount of indebtedness Stands yet against Said estate, unpaid and to whom paid, and what real estate belongs to Said estate.

Report of the County Court Clerk.

The undersigned clerk of the county court of Stewart County State of Tennessee, begs lieve to make to your worships court, the following report, to wit: That in obedience to a Decree made by your worships court, directing me to report the condition of the personal estate of Thos B Summers decd., that he is Charg-

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ed on account of Sales of personal assets of Said deceased together__a list of notes and accounts belonging to Said estate of Said deceased, amounting in all to the Sum of $3108.80. He has filed vouchers amounting to $1457.94, and after deducting the amount of his vouchers from the amount charged to him, leaves available funds in his hands amounting to the Sum of $1650.86[.] I find claims filed against-Said estate amounting to the Sum of $3578.88 And after distributing the available assets in his hands among the creditors, I find that each dollar, will only pay the Sum of 46 cents. The administrator States that there is a guardian fund of $1483.17, which has to be Settled out of the assets in his hands, belonging to Said estate, and after rendering a Schedule of the personal estate, he rendered a Schedule of 5 tracts of land, containing about 1298 acres, lying in Stewart and Humphreys counties, belonging to the estate of Thos B Summers decd. W Cook Clrk

And at Said Nov term 1867, the following proceedings were also had, to wit:

CS Summers admr of TB Summers decd | Be it remembered VS | that this cause FC Summers, RA Summers, ST Summers, | came on again AA Summers, CS Summers, Sarah & Miss- | to be heard, before ouri McAuley |

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the worshipful county court of Said county, on this 4th day of Nov 1867, upon the bill, pro confesso, exhibits proof and the answer of JM Scarbrough Guardian ad litem, appointed by the court to answer and defend for the infant defendants, and the report of the Clerk and Master of this Court, which is in the words and figures following, to wit: (See this report above, pages 66 & 67, of this Transcript) And it appearing to the Satisfaction of the court, that Thos B Summers died intestate a citizen of Stewart County, Some time in the year 1865, and that complainant was regularly appointed by the county court of Stewart County, at the Sep term 1866, gave bond and qualified as Such-that the whole amount of personal estate that came into his hands, or aught to have come into his hands, amounted to the Sum of $3108.80, including all the notes, accounts, money on hand etc. Many of Said debts being insolvent, and after crediting Said administrator with insolvent debts, money paid out, money paid by him to the amount of $1457.94, leaving a balance in his hands, amounting to $1650.86, out of which amount, there is a trust fund, which was in the hands of his intestate of $1483.17, which belongs to minor heirs, and which fund was charged to complainant

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in the above amount, leaving only $176.63 in his hands; and it also appearing that complainant Suggested the insolvency of Said estate, on the 26th day of June 1867, before the clerk of this court, and agreeable to an order made by Said clerk, made publication in the Republican Banner, a news paper published in Nashville Tennessee, for all persons, having claims, against Said estate, to file them properly authenticated, with Said Clerk, on or by the 1st day of Oct 1867; And claims have been filed properly authenticated, and allowed by Said clerk, against Said estate to the amount of $3578.88, which amount is unpaid, and there is no means in the hands of the Said Admr. or to come into his hands, to pay Said indebtedness. It also appearing that Said intestate, died leaving the above named defendants and Complainant as his only heirs at law – and he also died Seized and possessed of the following tracts of land, lying and being in Stewart County, all but one tract, which is in Humphreys County, all bounded as follows, to wit: (For the boundaries of these lands See as Set out in the Original bill 3rd page of this transcript) And it appearing to the court that all of Said defend-

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ants have been regularly Served with process of Copy & Subpoena to answer etc, and fully appearing to the court that it is necessary to Sell all of Said lands, or a Sufficiency to pay off Said indebtedness. It is therefore ordered and Decreed that the clerk of this court, after first advertising as required by law, Sell all of Said lands, or a Sufficiency to pay Said debts & Costs, to the highest bidder, at the Court house door in Dover, by Separate tracts, on a credit of twelve and eighteen months, except cash Sufficient to pay cost etc, and ten dollars to JM Scarbrough, for answering and defending for Said minor defendants, and fifty dollars to N Branden as the Attorney in this case, and report to the January term, how he has executed this Decree, and he will also take notes and good Security for the purchase money and retain a lien of Said land until the purchase money is paid.

Report of Sale Confirmed

And at a County court began on Monday the 3rd day of Feb. 1868, and held at the court house in the town of Dover for the County of Stewart in the State of Tennessee, present and presiding the worshipful TF Elliott chairman, together with RC Daniel and WJ Atkins Esqrs as-

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sociate Justices, when the following proceedings were had to wit:

CS Summers admr of | This cause came on again TB Summers deceased | to be heard, before the worsh- VS | Pet to sell land | ipful County Court of Stewart FC Summers and others | County, upon the report of the Clerk & Master & Commissioner In this cause, which is in words and figures as follows, To wit:

(See this report as above Set out on the 11th, 12th & 13th pages of this transcript, also Decree confirming the Same)

Judgment on Note of CR Keel.

And at a county court began on Monday the 4th day of January 1869, and held at the court house, for the county of Stewart, in the town of Dover and State of Tennessee, present and presiding the worshipful TF Elliott chairman, together with HH Trinkle & Isaac Williams Esqrs & others Justices, when on Tuesday the 5th day of January 1869, the following among other proceedings wee had, To Wit: CS Summers admr of | On motion of Wm Cook TB Summers decd | Clerk & Commissioner in this VS | Pet to Sell Land | cause, and it appearing to the FC Summers & others | court that GR Keel purchased the

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land in the pleadings mentioned, and executed his note for the payment of the purchase money of the Same to Wm Cook Commissioner in this cause for the Sum of one thousand and twenty eight and ten cents, due twelve months after date, with WT Keel & CS Summers as his Securities, and the further Sum of four dollars and ninety cents interest on the Same Making in all the Sum of one thousand and thirty three dollars, Said note is entitled to a credit of forty three dollars and eighty five cents, leaving the Sum of Nine hundred and eighty nine dollars and fifteen cents. And it appearing to the court that, Said note has fell die, and that no part has been paid, and that the Same is due and owing. It is therefore considered by the court, that Wm Cook Clerk and Commissioner, recover of GR Keel and WT Keel and CS Summers his Securities his debt of nine hundred and eighty nine dollars and fifteen cents principal and interest, and all cost in his behalf expended for which execution may issue, this 5th day of Jan 1869

Report of Payment of Note by CS Summers.

CS Summers Jr admr of | Thos B Summers decd | Report VS Pet to Sell Land | This cause came on again FC Summers & others |

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to be heard before the County Court of Stewart County State of Tennessee, upon the report of the Clerk and Commissioner in this cause which is as follows, to wit: The undersigned Clerk & Commissioner in this cause, begs lieve to make to the court the following report, That in obedience to a Decree made in this cause, at a former term of this court ordering me to Sell the lands in the pleadings mentioned, I did Sell Said lands, which appears in a former report made in this cause, and that CS Summers, executed his two Notes for the payment of the purchase money, for the Sum of $691.42, Each, due 12 & 18 months after date, and that the first Note has fell due, and has been fully Satisfied by Said CS Summers the purchaser, and is now before the Court Subject to their orders. All of which is respectfully Submitted Wm Cook Clerk & M

This cause came on again to be heard, when it appearing to the Satisfaction of the court that the first note given for the purchase money for the lands in the petition mentioned, has fell due and been paid into the hands of the Commissioner in this Cause to wit: $691.42. It is therefore ordered by the Court, that Said commissioner pay over the money into the hands of CS Summers administrator of Thos B Summers

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decd, taking his recpt for the Same.

This cause again came on to be heard, upon the report of the Commissioner in this Cause, which is as follows. The undersigned commissioner in this cause would respectfully make to the worshipful court the following report, that in obedience to a Decree Made in this cause, at a former term of this Court, directing me to Sell the lands in the pleadings mentioned. I did Sell Said lands, which appears in a former report, made in this cause, and that DA Wynns became the purchaser and executed his two notes for the purchase money for the Sum of $8.10 Each due 12 & 18 months after date, and that the first note has fell due, and has been fully Satisfied by Said purchaser, and is now before the court Subject to its orders. Respectfully Submitted. W Cook Clk

And this Cause again Came on to be heard upon the report of the Commissioner in this Cause and it appearing that note mentioned in the above report has fell due and has been paid, and that the purchase money is in the hands of the commissioner in this Cause. It is therefore ordered by the court, that Said Commissioner pay over the Same, into the hands of the Said administrator, taking his recpt for the Same. And at a county court held at the Court house in the

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town of Dover for Stewart County in the State of Tennessee, on Monday the 1st day of March 1869, present and presiding the worshipful TF Elliott Chairman, together with Isaac Williams and HH Trinkle Esqrs Justices, when the following proceedings were had to wit: CS Summers admr of | Report TB Summers decd | The undersigned clerk of the VS | County Court of Stewart County, FC Summer & others | and commissioner in this cause, beg lieve to make to the Said County Court, the following report, to wit: that the lands mentioned in the petition, was Sold, which appears in a former report made in this cause, and that GR Keel became the purchaser, and executed his two notes, for the payment of the purchase money, and that the first note has fell due, and at the Feb term 1869 of Stewart County Court, I obtained Judgment against the purchaser, on the Said first note, for the Sum of $989.15 and fi.fa. issued to the Shff of Stewart County, who collected the Same, and has paid the Sum to me, and is now before the court, Subject to its orders. W Cook Clerk

It appearing to the Court, that the above Judgment has been paid, and the money is in the hands of the Com-

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missioner in this Cause, It is therefore ordered that Said commissioner pay over the Same to wit: $989.15 into the hands of CS Summers admr and take his receipt for the Same.

And at a County Court began on Monday the 5th day of July 1869, and held at the Court house in the town of Dover, for Stewart County in the State of Tennessee, present and presiding the worshipful TF Elliott Chairman, with Isaac Williams and HH Trinkle & others Esqrs Justices, when the following among other proceedings, were had, to wit: CS Summers admr of | Thos B Summers decd | Report VS | The undersigned Clerk and FC Summers & others | Commissioner in this cause, beg lieve to make to the Court the follow- ing report, to wit: In obedience to a Decree made by your worships Court, I did Sell the lands in the petition Mentioned, and took note for the Same, in accordance with the directions contained in Said Decree, the last note given by CS Summers for the purchase money of the lands to the estate of Said deceased in the petition mentioned has fell due, and has been fully Satisfied amounting to the Sum of $691.42,

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Also the last note given by DA Wynns, for the purchase Money of the land in the petition mentioned has fell due, and has been paid amount of note $8.10, both of the above named notes amounting to the Sum of $699.52, and is now before the Court, Subject to its order. W Cook C & M

In this Cause it appearing to the Court that the two notes mentioned in the above report have been paid into the hands of the Commissioner in this Cause, It is therefore ordered that the Commissioner pay over the Same, to wit: $699.52, into the hands of CS Summers adr of TB Summers decd, taking his receipt for the Same Decree divesting & vesting title.

CS Summers admr of | This Cause again came TB Summers decd | on to be heard, when it VS | appearing to the Satisfaction FC Summers & others | of the Court, that all the purchase money, for the lands belonging to the estate of TB summers decd, and purchased by CS Summers Jr, has been paid into the hands of the administrator of Said deceased, it is therefore ordered by the court that the title to Said lands be and the Same is hereby divested out of the heirs at law

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of TB Summers decd., and that the Same be vested in CS Summers the purchaser, in as good and ample a manner as if it had originally belong to him, and that the commissioner in Said Cause, Make to the Said purchaser a deed to the Same Wm Cook Clerk of Stewart County Court Commissioner in the Case of CS Sum- | This day came mers admr of TB Summers decd | the plaintiff, and VS | Motion | produced in open GR Keel, WT Keel & CS Summers | Court a Note, exe- cuted by defendant and WT Keel and CS Summers, on the 7th day of December 1867, and due the 7th day of June 1869, for the Sum of one thousand and twenty eight dollars, and ten cents payable to Said Cook Clerk and Commissioner in this Cause, and it appearing that Said defendants are indebted to the plaintiff in the Sum of one thousand and twenty eight dollars and ten cents debt, and the further Sum of fifteen dollars and forty two cents by way of interest, making in all the Sum of one thousand and forty three dollars and fifty two cents, and it appearing to the Court that Said note has fell due, and that no part has been paid, that the Same is due and

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owing. It is therefore considered by the court that the plaintiff in this cause, recover of the defendants GR Keel, WT Keel and CS Summers, his debt of one thousand and forty three dollars and fifty two cents, and all the cost in this behalf expended, for which execution may issue. And at a County Court began on Monday the 2nd day of January 1860, and held at the court house in the town of Dover, for the County of Stewart, in the State of Tennessee, present and presiding, the worshipful WC McGee, Chariman, together with John W Parker and EI Sexton & others Esqrs Justices, when the following among other proceedings were had, on Tuesday the 3rd day of Feb 1860, at Said town, to wit: Justices of Stewart County | VS | Notice to TB Summers Guar for James | renew Guardian and Udora Lankford | Bond.

This Cause again came on to be heard, when the defendant in this cause appeared in open court and renewed his bond as Said guardian in the Sum of two hundred dollars, with J Mobley, WA Cook, WH Daniel, and Joseph Alsup, as his Securities

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and the Same is ordered to be recorded, and it ordered that defendant pay cost of this proceeding for which execution may issue. Bond – TB Summers Guar. Know all men by these presents, That, we, TB Summers, J Mobley, WA Cook, and Joseph Alsup, and WH Daniel, all of the County of Stewart and State of Tennessee, are held and firmly bound unto the State of Tennessee, in the penal Sum of two hundred dollars to be paid to the State for the use and of the Children herein after committed to the tuition of the Said TB Summers to which payment well and truly to be made, we bind ourselves, our heirs, Executors and administrators, Jointly, and Severally and firmly by these presents, Sealed with our Seals, and dated this 3rd day of Jan 1860. The condition of the above obligation is Such, that whereas the above bound TB Summers has been appointed Guardian to James and Udora Lankford, minor orphans of John Lankford deceased. Now, if the Said TB Summers, Shall faithfully execute Said Guardianship by Securing and improving all the estate of Said orphans, until they Shall arrive at full age, or be Sooner required, and then a plain and true account of his Guardianship, under and oath before the Justices of our Said Court, and deliver up, pay

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to & possess the Said orphans of all Such estate as they aught to be possessed of, or to Such other person as Shall be lawfully empowered to receive the Same, then this obligation to be void, else to remain in full force and effect. Acknowledged in open | CS Summers Seal Court, January term | J Mobley Seal 1860. | William A Cook Seal Approved | WH Daniel Seal WC McGee Chairman | Joseph Alsup Seal

And at Said term of Said Court Said Thos B Summers under and order of Said court, executed the following Bond, to wit:

Know all men by these presents, That we TB Summers, J Mobley, WA Cook, Joseph Alsup, WH Daniel, & Andrew Irwin, all of the county of Stewart and State of Tennessee, are held and firmly bound unto the State of Tennessee, in the penal Sum of two hundred dollars, to be paid to the State for the use and benefit of the children hereinafter named, committed to the tuition of the Said TB Summers to which payment, well and Truly to be made, we bind ourselves, our heirs, Executors and administrators jointly and Severally, firmly by these presents. Sealed with our Seals, and dated this the 3rd day of January 1860.

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The conditions of the above obligation, is Such that whereas, the above bound TB Summers, has been appointed Guardian to ME Outlaw, minor orphan of Eli Outlaw deceased. Now if the Said TB Summers Shall faithfully execute Said Guardianship, by Securing and improving all the estate of Said orphan, until She Shall arrive at full age, or be Sooner thereto required, and then a plain and true account of his guardianship, on oath before the Justices of our Said Court, and deliver up, pay to and possess Said orphan of all Such estate as She aught to be possessed of, or to Such other person, as Shall be lawfully empowered to receive the Same, then this obligation to be void, else to remain in full force and effect Acknowledged in open | Thos B Summers Seal Court, January | J Mobley Seal Term 1860 | William A Cook Seal Approved, | WH Daniel Seal WC McGee | Joseph Alsup Seal Chairman | Andrew Irwin Seal And at a County Court held at the Court house in the town of Dover for the County of Stewart in the State of Tennessee, on Monday the 6th day of May 1861, present and presiding the worshipful W-

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C McGee Esqr Chairman, together with James C Cook & LD Hargis Esqrs, associate justices, when the following among other proceedings, were had, to wit: On Tuesday the 7th day of May 1861, at Said Court, to wit: “On Motion of TB Summers it is ordered by the court that he be appointed Guardian to John F Randolph George R Philander and Mary J Brigham, minor heirs of JW Brigham deceased, and he entered into bond in the Sum of twelve hundred dollars with JM Scarbrough and ED Largent as his Securities, and the Same is ordered to be recorded, which bond is_ the words and figures following, to wit: Know all men by these presents, Thos B Summers, JM Scarbrough, and ED Largent, all of the County of Stewart and State of Tennessee, are held and firmly bound unto the State of Tennessee, in the penal Sum of twelve hundred dollars to be paid to the State for the use and benefit of the children herein after named, committed to the tuition of Thos B Summers, to which payment well and truly to be made, we bind ourselves, our heirs, Executors and administrators, jointly and Severally, firmly by these presents. Sealed with our Seals and dated, this 4th day of May 1861. The condition of the above obligation is Such that

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Whereas the above bound, TB Summers, has been appointed Guardian to John F Randolph, George R Philander, and Mary J Brigham, minor heirs of James M Brigham deceased. Now if the Said Thos B Summers, Shall well and faithfully execute his Said guardianship, by Securing and improving all the estate of Said orphans, until they arrive at full age, or be Sooner thereto required, and then a plain and true account, on oath before the Justices of our Said Court, and deliver up, pay to and possess the Said orphans, of all Such estate as they aught to be possessed of, or to Such other person as Shall be lawfully empowered to receive the Same, then this obligation to be void, else to remain in full force and effect. Acknowledged in open | Thos B Summers Seal Court. May term 1861 | JM Scarbrough Seal Test Wm Cook Clerk | ED Largent Seal And at a county court began on Monday the 1st day of April 1867, and held at the Court house in the town of Dover, for the county of Stewart in the State of Tennessee, present and presiding the worshipful Isaac Williams Chairman, together with Samuel L Gentry and John A David Esqrs, with others associate Justices, when the following among other proceedings

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were had to wit: “A Settlement with the Guardian of GR Brigham, Minor heir of JM Brigham decd, presented in open Court & the Same was received & ordered to be recorded. Report of a Settlement with CS Summers Jr, administrator of TB Summers decd., who was guardian to George R Brigham. State of Tennessee | The undersigned clerk of Stewart County | Said County begs lieve to make to the worshipful court of Said County the following report, to wit: CS Summers Jr administrator of TB Summers decd., who was guardian to Geo R Brigham, minor heir of JM Brigham decd., came before me at My office, on the 25th day of March 1867, and Settled Said guardian account, as follows, to wit: Said administrator produce proper vouchers for each and every item Stated in Said account, which I have allowed, and which I have filed, and on Settlement is as follows, to wit: I find due Sid Geo R Brigham in the hands of TB Summers his distributive Share of the personal estate of Said JM Brigham decd., on Settlement with the Executor of Said deceased, to the 1st August 1860, the Sum of $134.56 Int on Same from 1st to 25 March 1867 53.60 $188.16

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Cr A Robins recpt $2.65 Int from 12th Aug /62 to 25th March /67 .72 H Rushing account .75 Int from 24th Feb /62 to 25th March /67 .25 Ann Brigham recpt 12.94 Int from 1st Jan /59 to 25th March /67 6.40 TJ Wilson’s Recpt 2.07 Int from 7th Dec /58 to 25th March /67 1.03 ST Anderson’s Recpt 2.90 Int from 26th May /60 to 25th Mar /67 1.18 Ann Brigham Recpt 1.60 In from 24th Jan /60 to “ “ .68 John Wiggins Recpt 12.46 Int from 25th May /60 to “ “ 5.01 Ann Brigham’s 1.25 Int from 18th Feb /62 to “ “ .38 Ann Brighams Recpt .50 Int from 8th Feb /61 to “ “ .18 $188.16 JW Allen’s Recpt 2.00 Int from 11th Jan /66 to 25th Mar /67 .14 Ranson Dudley account 2.90 Int from 8th April /60 to 25th March /67 1.04 Compensation to Guardian 9 years 12.00

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Wards part tax for 4 years 2.14 “ “ Clk fee on Guardian Bond .20 “ “ John Sullivan’s act for leather 4.40 Int to 25th Mar 1867 1.11 Clk’s fee for this Settlement & recording 4.16 83.14 Amount due Ward 105.09 W Cook Clerk

State of Tennessee | Stewart County | The undersigned Clerk of the county court Of Said county, begs lieve to make to the worshipful court of Stewart County the following report, to wit: CS Summers Jr admr of TB Summers, who was the guardian to Missouri A Brigham, minor heir of James M Brigham, came before me at my office, on the 25th day of March 1867, and Settled his guardian account, as follows: Said admr produced proper vouchers for each and every item Stated in Said account, which I have allowed, which are filed, and on Settlement is as follows, to wit: I find due Said Missouri Brigham in the hands of Said TB Summers, her distributive Share of the personal estate of the JM Brigham decd.,

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on Settlement with the Executor of Said deceased, to the 1st day of August 1860, the Sum of $134.56, but on Same from 1st Aug 1860, to the 25th March 1867, $53.60 = $188.16

Cr A Robins recpt $2.70 Int from 12th Aug /62 to 25th March /67 .74 Ann Brigham recpt 11.52 Int from 1st Jan /59 to “ “ 5.58 TJ Wilson’s Recpt 2.69 Int from 2nd Dec /58 to “ “ 1.33 ST Anderson’s Recpt 3.24 Int from 26th May /60 to “ “ 1.32 Ann Brigham Recpt 3.30 In from 21st Jan /60 to “ “ 1.41 John Wiggins Recpt 12.46 Int from 25th May /60 to “ “ 5.10 H Rushing account 11.21 Int from 24th Feb /62 to “ “ 3.41 Ann Brigham’s 7.40 Int from 8th Feb /61 to “ “ 2.66 Ranson Dudley account 4.70 Int from 8th April /60 to “ “ 1.75 JW Allen’s Recpt 2.20

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Int from 1st Jan /66 to 25th Mar /67 .16 188.16 Compensation to Guardian 9 years 12.00 Wards part tax for 4 years 2.14 “ “ Clk fee on Guardian Bond .20 “ “ John Sullivan’s act for leather 4.40 Int to 25th Mar 1867 1.11 Clk’s fee for this Settlement & recording 4.08 79.15 Amount due Ward 109.01 W Cook Clerk

State of Tennessee | The undersigned clerk of Stewart County | the County court of Said County, Begs lieve, to make to the worshipful court of Said County, the following report, to wit: CS Summers Jr admr of TB Summers , who was guardian to Thos R Brigham, minor heir of JM Brigham deceased, came before me at my office on the 25th March 1867, and Settled Said Guardianship, as follows, to wit: Said admr produced proper vouchers for each and every item in Said act which I have allowed, and are filed, and on Settlement is as follows, to wit: I find due Said TB Summers, his distributive Share of the personal estate of the Said JM Brigham decd., on Settlement with the executor of Said deceased, to the 1st of Aug 1860 the Sum of $134.46

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Int on Same from 1st Aug /60 to March 25th 1867 $53.60 $188.16 Ann Brigham recpt 11.52 Int from 1st Jan /59 to 25th March /67 5.58 John Halls recpt 4.67 Int from 28th Jan /60 to “ “ “ 2.00 22.89 CS Summers Recpt $18.00 Int from 9th_1860 to “ “ “ 7.56 JW Wilson Recpt 1.81 Int from 2nd Dec /58 to “ “ “ .89 A Robins recpt 3.15 Int from 12th Aug /62 to” “ “ .86 H Rushing account 8.00 Int from 24th Feb /62 to “ “ 2.44 Ann Brigham Recpt 4.05 In from 24th Jan /60 to “ “ 1.74 John Wiggins Recpt 12.46 Int from 25th May /60 to “ “ 5.10 Ann Brigham’s 3.15 Int from 18th Feb /62 to “ “ .96 Ann Brigham’s 5.40 Int from 8th Feb /61 to “ “ 1.97 JW Allen’s Recpt 14.05

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Int from 11th March /66 to 25th Mar /67 .98 Ranson Dudley’s account 3.95 Int from 8th April /60 to “ “ 1.63 Compensation to Guardian 9 years 12.00 Wards part tax for 4 years 2.14 “ “ Clk fee on Guardian Bond .20 “ “ John Sullivan’s act for leather 4.40 Int to 25th Mar 1867 1.11 Clk’s fee for this Settlement & recording 4.40 145.20 Due Ward $42.96 W Cook Clerk State of Tennessee | The undersigned clerk of Stewart County | the County court of Said County, begs lieve, to make to the worshipful court of Said County, the following report, to wit: CS Summers admr of TB Summers decd, who was guardian to Philander Brigham, minor heir of James M Brigham deceased, came before me at my office, on the 25th day of March 1867, and Settled Said guardian account, as follows, to wit: Said admr., produced proper vouchers, for each and every item Stated, in Said account, which I have allowed, and are on file and Said report is as follows, to wit: I find due Said Philander Brigham in the hands of TB

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Summers, his distributive Share of the personal estate of the Said JM Brigham, on Settlement with the Executor of Said deceased, to the 1st Aug 1860 amount to the Sum of $134.56 Int on Same from 1st Aug /60 to 25th March /67 53.60 Cr H Rushing account 1.20 Int from 24th Feb /62 to 25th March /67 .36 Ann Brigham recpt 3.52 Int from 1st Jan /69 to “ “ “ 1.74 ST Anderson’s Recpt 1.85 Int from 24th May /60 to “ “ “ ,76 CS Summers Recpt 3.00 Int from 9th Nov /60 to “ “ “ 1.26 Ann Brigham’s 2.00 Int from 18th Feb /62 to “ “ “ .61 JW Allen’s Recpt 2.05 Int from 11th March /66 to “ “ “ .14 Ann Brigham’s .50 Int from 8th Feb /61 to “ “ .18 Ranson Dudley’s account 1.45 Int from 8th April /60 to “ “ .60 Compensation to Guardian 9 years 12.00 Wards part tax 4 “ 2.14

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Wards part of Clk fee on Guardian Bond .20 “ “ “ John Sullivan’s act for leather 4.40 Int on Same to 25th Mar 1867 1.11 Clk’s fee for this Settlement, recording etc 3.76 44.78 Due Ward $143.38 W Cook Clerk State of Tennessee | The undersigned clerk of Stewart County | the County court of Said County, begs lieve, to make to the worshipful court the following report, to wit: CS Summers admr of TB Summers, who was the guardian to John F Brigham, minor heir of James M Brigham deceased, came before me at my office, on the 25th day of March 1867, and Settled Said Guardian account, as follows, to wit: Said admr. produce proper vouchers for each and every item, Stated in Said account, which I have allowed, and which I have filed, and on Settlement is As follows, to wit: I find due Said John F Brigham, in the hands of Said TB Summers, his Guardian, his distributive Share of the personal estate of the Said James M Brigham deceased, on Settlement with the Executor of Said deceased, to the 1st day of August 1865, the Sum of $134.56 Int of Same from 1st Aug /60 to 25th March /67 53.60 $188.16

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Ann Brigham MR a/c yr recpt $11.67 Int from 1st Jan /59 to 25th March /67 5.75 TJ Wilson’s recpt Tuition 2.78 Int from 2nd Dec /58 to “ “ “ 1.41 ST Anderson Recpt 5.35 Int from 26th May /60 to” “ “ 2.09 JF Brighams Recpt 3.00 Int from 22nd Jun /61 to “ “ “ 1.03 N McMillons Recpt to “ “ “ .83 Int from 30th Dec /59 to” “ “ .36 Ann Brigham’s Recpt 5.00 Int from 24th Jan /60 to “ “ “ 2.15 John Wiggins recpt 12.46 Int from 26th May /60 to “ “ “ 5.10 Ann Brigham’s Recpt 12.40 Int from 1st Feb /62 to “ “ “ 3.81 Ransom Dudley act 9.75 Int from 8th April /60 to “ “ “ 3.97 Compensation to Guar for his trouble 9 years 12.00 Ward’s part of tax 4 years 2.14 “ “ “ Clk’s fee for Guardian bond .20 “ “ “ Jno Sullivans act for leather 4.40 Int on Same to 25th March 1867 1.11

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H Rushing’s act & Int to 25th March /67 14.02 Clerk’s fee this Settlement, recording etc 4.00 126.75 Due Ward $61.41 W Cook Clerk

And at a county court held at the court house in the town of Dover, on Monday the 5th day of Nov 1866 for the County of Stewart in the State of Tennessee, present and presiding the worshipful Isaac Williams, Chairman, together with LD Hargis & WR Griffin Esqrs associate Justices, when the following, among other proceedings were had, to wit:

A Settlement with CS Summers admr of TB Summers deceased, who was guardian to ME Outlaw, minor heir of Eli Outlaw deceased, was presented in open court, & the Same was ordered to be recorded, which is in words and figures, as follows, to wit: State of Tennessee | The undersigned Clerk of Stewart County | the County Court of Said County Begs lieve to make the court the following report, to wit: CS Summers Jr. who is the admr of TB Summers decd. who was guardian to ME Outlaw, minor heir of Eli Outlaw decd, Came before me at my office, on the 23rd day of Oct 1866, and Settled Said guardian account, as fol-

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lows to wit: Said admr. produced proper vouchers for each and every item Stated in Said account, which I allowed, and which are filed, and on Settlement are as follows, to wit: I find due Said ME Outlaw, in the hands of Said guardian to the 10th of Nov 1865, that being the last Settlement with him, the Sum of $178.28 Int on Same from 10th Nov /60 to 10th Nov /66 64.18 $242.46

Cr By Tax Recpt for 1860, 1861 & 1865 $4.37 “ “ Compensation to Guar 6.00 JH Lankaster Receipt for tuition 8.00 Clk’s fee this Settlement & recording 1.25 19.62 Due Ward $242.84 W Cook Clerk

And at Said Court the following Settlements were confirmed & ordered to be recorded, to wit: State of Tennessee | The undersigned Clerk of Humphreys County | the County Court of Said County begs lieve to Make to the Court the following report to wit: CS Summers Jr admr of TB Summers deceased who was guardian to James Lankford, minor heir of John Lankford deceased, came before me at my office on the 23rd day of Oct 1866, and Settled Said guardian account, as follows, to wit: Said admr.

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produced proper vouchers, for each and every item Stated in Said account, which I have allowed, and which are on file, & an Settlement is as follows, to wit: I find due Said James Lankford, in the hands of Said guardian to the 12th day of July 1860, that being the last Settlement with him, the Sum of $55.44 Int on Same from 12th July /60 to 12th July /66 19.96 $75.40 Cr By James Landford’s Recpt $111.95 Int on Same from 3rd July /65 6.75 Block Bros Recpt & int on Same 1.56 Compensation to Guardian 4.00 Clerk’s fee this Settlement etc 1.50 125.63 Due guar to July 12th 1866 $50.23 W Cook Clerk State of Tennessee | The undersigned clerk of Stewart County | the County Court of Said County, Begs lieve to make to the Court the following report, to wit: CS Summers admr of TB Summers decd, who was guardian to Udora Lankford, minor heir of John Lankford deceased came before me, at my office, on the 23rd day of Oct 1866, and Settled Said Guardian account, as follows, to wit: Said admr produced proper vouch-

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ers, for each and every item, Stated in Said account, which I have allowed, and which are on file, and an Settlement is as follows, to wit: I find due Said Udora Lankford, in the hands of Said Guardian, on the 12th of July 1860, that being the last Settlement with him, the Sum of $71.92 Int on Same from 12th July 1860 to 12th July 1866 25.89 $97.81

Cr By tax Recpt for 1875 $.37 Compensation 4.00 Clerk’s fee, this Settlement, record etc 1.50 $5.87 Due Ward 91.94 W Cook Clerk

State of Tennessee | Stewart County | I, AB Ross, Clerk of the County Court of Said County, do hereby certify that the foregoing is a true and perfect copy of the record and proceedings had in the County Court of Said county, relative to the administration of the estate of TB Summers deceased, and the Sale of the lands, of Said deceased, by Decree of Said court. Given under my hand and the Seal of the County Court of Said County at office in Dover, this the 25th day of

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August 1875 AB Ross Clerks fee for this transcript postage etc $15.00 not paid AB Ross Clerk

Endorsement- Filed 6th Sep 1877. AC Stockard C & M

Exhibits of Deeds, No 1. This indenture made this the 10th day of June, in the year of Our Lord 1869, between CS Summers of the County of Stewart and State of Tennessee, of the first part; and Thos Ellison of the County of Humphreys and State of Tennessee, of the Second part: Witnesseth, that for and in consideration of Sum of five hundred and twenty one dollars and twenty five cents, to me in hand paid, the receipt whereof is herby acknowledged, I have this day bargained and Sold, and by these presents conveyed unto Thos Ellison a certain tract or parcel of land, lying on Green Briar Creek, of Humphreys County Tennessee, District No 1. and bounded, as follows, to wit: Beginning at a Cyprus, in what is Known as the Cyprus Slue,

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running East two hundred and forty one poles (241) to a dogwood, with three white oak pointers; thence South 41 poles to a hickory, with Sweet gum Ash & Ironwood pointers; thence East fifty eight poles to a hickory; thence South twenty five poles to a Sweet Gum Jas A Cooks North East Corner; thence west two hundred and ninety nine poles to a Stake, in the Center of the Cyprus Slue; thence down Said Slue with its meanders to the beginning, containing by estimation, one hundred and eight & one half acres, be the Same more or less. I, CS Summers bind myself, my heirs, and assigns, and each of them to forever warrant and defend, unto the Said Thos Ellison, his heirs, and assigns, the title of Said land forever, against all Claims whatever. In witness whereof I have hereunto Set My hand, and made my Seal, this the 10th day of June, in the year of our Lord, one thousand eight hundred and Sixty nine | Test TR Wyatt, Jno Cathey | CS Summers Seal State of Tennessee | Humphreys County | Personally appeared before Me, WW Hobbs, Clerk of the County Court of Said County, CS Summers, the bargainer

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to the annexed deed, with whom I am personally acquainted, and who acknowledged that he executed the within instrument, for the purposes therein contained. Witness my hand, at office this 7th day of February AD 1870 WW Hobbs Clerk State of Tennessee | Humphreys County | Registers’ office, February the 7th day 1870, then was the foregoing deed, with the certificates and Stamps thereon duly recorded, in Said office, in Book “S,” page 247 & 248. Received for registration February the 7th day 1870, and noted in note Book “A” page 50 near 10’Clk. Pm. JH Anderson Register State of Tennessee | Humphreys County | I, John Anderson, Register for Said County, hereby certify that the foregoing, is a true full and correct Copy of Deed and certificates, as the Same appears of record in Said office, in Book “S” pages 247 & 248. May 16th 1878 JH Anderson Regst

Endorsement- Filed 11th June 1878 AC Stockard C & M

Deed No 2. I, CS Summers, have this day bargained and Sold,

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and do hereby transfer and convey unto John Phifer his heirs and assigns, for the consideration of two hundred and fifty dollars, to me in hand paid, a certain tract or parcel of land, in the State of Tennessee, Humphreys County, District No 1, and containing by estimation fifty five acres, be the Same more or less. Beginning on Thomas Womacks beginning Corner, on a beech, on the bank of Tennessee River, with two beech pointers, running down the River with its meanders 66 poles to a hickory and lynn, with a lynn & Sugar tree pointers; thence East 134 poles to a Cyprus; thence South 66 poles to a Stake; thence West 134 poles to the beginning, be the Same more or less, with all the appurtenances thereunto belonging. To have and to hold the Same unto the Said John Phifer, his heirs and assigns, forever. I do covenant with the Said John Phifer, that I am lawfully Seized of Said land, and have a good right to convey it, and that the Same is unencumbered. I do further bind myself, my heirs and assigns, and representatives, to warrant and defend the title to Said land, to the Said John Phifer his heirs and assigns, against the lawful Claims of all persons whatever. This the 31st day of July 1869.

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Executed and delivered in our presence WC Cathey, TW Duffle | CS Summers

State of Tennessee | Humphreys County | Personally, appeared before me, WW Hobbs, Clerk of the County Court of Said County, CS Summers, the bargainer to the annexed deed, with whom I am personally acquainted, and who acknowledged that he executed the within instrument for the purposes therein contained, witness my hand, at office, this 10th of Sep AD 1869 WW Hobbs Clk

State of Tennessee | Humphreys County | Registers’ office, Sep the 10th day 1869, then was the within deed, with the certificates and Stamps thereon duly recorded in Said office, in Book “S” page 79 & 80, received for registration, September the 10th 1869, and noted in note Book A page 44 near 3 O’clock John H Anderson Register State of Tennessee | Humphreys County | I, John H Anderson Register for Said County, hereby certify, that the foregoing deed and certificates is a true and full copy as the Same appears of record in Said office in

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Book “S” pages 79 & 80. This May 17th 1878 John H Anderson Register Endorsed – Filed 11th June 1878. AC Stockard C&M

Deed No 3

This indenture made this 10th day of June, in the year of Our Lord 1869, between CS Summers of the County of Stewart and State of Tennessee of the first part, and John G Cathey of the County of Humphreys and State aforesaid of the Second part; witnesseth, that for and in Consideration of the Sum of Eleven hundred, to me cash in hand paid, the recpt whereof is hereby acknowledged, I have this day bargained and Sold, and by these presents conveyed unto the Said John G Cathey, a certain tract or parcel of land, lying on Green briar Creek, Humphreys County Tennessee District No 1, and bounded as follows, to wit: Begin]n]ing on a hickory and Lynn with a lynn & Sugar tree pointers, to a dogwood with three white oak pointers; thence North 66 poles to two hickories on the county line between Humphreys and Stewart County, thence west with Said county lines, three hundred and Seventy five poles to a white oak, below the mouth

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of White Oak Creek, on the bank of Tennessee River, the South West Corner of a tract of land belonging to CS Summers Sr’s heirs; thence up Said River, with its meanders 66 poles to the beginning, containing by estimation, one hundred and fifty four and one half acres, be the Same more or less. I, CS Summers bind myself my heirs and assigns, and each of them to forever warrant, and defend to the Said John G Cathey his heirs and assigns the title to Said land forever against all Claims whatever In witness whereof, I have hereunto Set my hand and made My Seal, this the 10th day of June in the year of Our Lord, one thousand eight-hundred and Sixty nine. Test TR Wyatt | Thos Ellison | CS Summers Seal

State of Tennessee | Humphreys County | Personally appeared before me, WW Hobbs, Clerk of the County Court of Said County, CS Summers the bargainer to the annexed deed, with whom I am personally acquainted, and who acknowledged that he executed the within instrument for the purposes therein Contained. Witness my hand, at office, this 7th day of Feb AD 1870 WW Hobbs, Clk

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State of Tennessee | Registers office, Feb the 8th Humphreys County | day 1870, then was the forgoing Deed, with the certificates and Stamps thereon, duly recorded in Said office in Book “S” page 249. Received for registration Feb the 7th day 1870, and noted in Note Book A page 50 near 1 O’clock P.M. John H Anderson Register

State of Tennessee | Humphreys County | I john H Anderson Register for Said County, hereby certify that the foregoing is a true and full Copy as appears of record in Said office, in Book “S” page 249, This May 17th 1878. John H Anderson Register

Subpoena to Answer. State of Tennessee To the Sheriff of Humphreys County- Greeting: We Command you to Summon SS Ellison, J Cathey, and SM Ellison, if to be found in Your County, to appear before the chancellor of the Chancery Court, for the County of Humphreys, at the next term thereof, to be held at the court house in the town of Waverly, on the 2nd Monday in June Next, then and there to answer the bill of Complaint of JS

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Summers, TB Hall, and TJ Hall, exhibited in our Said court; and further to do and receive what our Said court Shall consider in that behalf, on this you Shall in nowise omit under the penalty prescribed by law. Witness, AC Stockard Clerk and Master of our Said Court, the 2nd Monday in December 1875. AC Stockard C&M Endorsed- Issued 1st June 1875. AC Stockard C&M Came to hand when issued, I delivered a copy of bill to TM Ellison, and Summoned TM Ellison, SS Ellison, and J Cathey as commanded, on the 2nd day of June 1875 WA Short Shff

County’s Spa to Answer Houston County State of Tennessee To the Sheriff of Houston County- Greeting: Summon Sarah McCauley and Missouri McCauley, if to be found in your county, to appear before the chancellor of the chancery court, for the County of Humphreys, at the next term thereof, to be held at the court house, in the town of Waverly, on the 2nd Monday in June next, then and there to answer the bill of Complaint of JS Summers, TH Hall and TB Hall, Exhibited in or Said

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court. And further to do and receive, what our Said Court Shall Consider in that behalf. And this you will in nowise omit under the penalty prescribed by law. Witness, AC Stockard Clerk and Master of Said chancery court, the 2nd Monday in Dec 1875 AC Stockard C&M Came to hand June the 4th 1875. and executed by reading the within Spa to Sarah & Missouri McCauley, this June the 5th 1875. SB McIntosh Shff Of Houston County Ten. County’s Spa to Answer- Benton County. State of Tennessee To the Sheriff of Benton County- Greeting: Summon John Phifer, if to be found in your county, to appear before the chancellor of the chancery court, for the county of Humphreys, at the next term thereof, to be held at the court house in the town of Waverly, on the 2nd Monday in June next, then and there to answer the bill of Complaint of JS Summers, TJ Hall and TB Hall, Exhibited in our Said court. And further to do and receive, what our Said court Shall consid-

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er in that behalf. And this you will in no wise omit, under the penalty prescribed by law. Witness, AC Stockard Clerk and Master of Said Court, the 2nd Monday in Dec 1874 AC Stockard C&M Endorsed- Issued June the 3rd 1875 AC Stockard C&M Came to hand 5th June 1875. Executed by Summoning the within Deft. As herein commanded, and delivering to him copy of bill, June 7th 1875 RJ Bomar Shff

1st Spa to Answer Amended Bill- State of Tennessee To the Sheriff of Humphreys County- Greeting: Summon SS Ellison, Rebecca Cathey, WJ Cathey, JA Cathey, CM Cathey, MA Cathey, HM Cathey, David Cathey, Eudora Cathey, Josephene, Caroline Cathey, Robert Cathey, Charles Cathey, and Maggie Lee Garrett, if to be found in your county, to appear before the chancellor of the chancery court for Humphreys County, at the next court, to be held at the court house, in Waverly, on the 2nd Monday in Dec next, then and there to Answer the amended

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bill of Complaint of JS Summers, TJ Hall and TB Hall, Said amended bill is to be answered, by the rule day in Oct next, or So as not to delay the hearing, exhibited in Said chancery court, and further to do and receive, what our Said court Shall consider in that behalf: and this you will in nowise omit under the penalty prescribed by law. Herein fail not, and have you then and there this writ. Witness AC Stockard, Clerk and Master of our Said chancery court, at office, in Waverly, the 2nd Monday in June 1876, and of American Independence the 100th year. AC Stockard C&M Endorsed- Issued 13th Sep 1876 AC Stockard C&M Come to hand when issued. Executed in full Sep 25th 1876, by Summoning as commanded, and leaving a true Copy of bill with Defts JP White Shff

2nd Spa to Ans Am’d Bill State of Tennessee To the Shff of Humphreys County- Greeting: Summon SS Ellison, WJ Cathey, JA Cathey, Charles Cathey, CM Cathey, MA Cathey, HM Cath-

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ey, David Cathey, Eudora Cathey, Josephene, M.C. & Robert Cathey, and Maggie Lee Garrett, if to be found in your County, to appear before the chancellor of the chancery court of Humphreys County, at the next Court, to be held at the Court house in Waverly, on the 2nd Monday in June next, then and there to answer the amended bill of complaint of JS Summers, TJ Hall and TB Hall, next friend of TJ Hall, and RA Summers, by next friend TJ Hall, exhibited in our Said court of chancery, against them as defendants; and further to do and receive what our Said court Shall consider in that behalf, and this you Shall in nowise omit, under the penalty prescribed by law. Herein fail not and have you then and there this writ. Witness, AC Stockard, Clerk and Master of our Said court of chancery, at office in Waverly the 2nd Monday in Dec 1877, and of American Independence the 101st year. AC Stockard C&M Endorsed- Issued 10th April 1877. AC Stockard C&M Came to hand when issued. Executed in full by Summoning the within parties, and delivering a true copy of amended bill to Defts, except JA Cathey,

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who is a citizen of Houston County, April 23rd 1878 JP White Shff

Entries on the Rule Docket. No 384 Solicitors- McAdoo & Lanier from Complts. “ Stark, Brandon & Rice “ Defts.

Parties

JS Summers, TJ Hall, and TB Hall, citizens of Houston County Tennessee VS | O Bill

SS Ellison, J Cathey, JM Ellison, citizens of Humphreys County Tennessee, John Phifer a citizen of Benton County Tenn., and Sarah McCauley, Missouri McCauley, and HH Summers, citizens of Houston County Tenn. And

JS Summers, TJ Hall and TB Hall by next friend TJ Hall, and RA Summers by next friend TJ Hall, citizens of Houston County Tennessee. VS | Amended Bill

SS Ellison, WJ Cathey, JA Cathey, Charles Cathey, CM Cathey, MA Cathey, HM Cathey, David Cathey, Eudora Cathey, and Maggie Lee Garrett, citizens of Hum-

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phreys County Tenn. O Bill, Filed 2nd June 1875. Enrolled in Book No 7, Bills & Petitions pages 419-429. Securities- John H Oguin & DD Cooley. The Joint Answer of John Phifer, SS Ellison, J Cathey, and SM Ellison, Filed 30th July 1875, and enrolled in Book No 1, Ans & Pleas, page 243 to 246. Answer of Guardian ad litem, Filed 26 Aug 1875, & notice given Complainants’ Solicitor Same day. Amended Bill, Filed 10th April 1877.

Process issued

Copy and Spa to Ans. Issued to the Sheriff of Humphreys County for defendants, Ellison, Cathey and Ellison 2nd June 1875. Copy & Spa issued to Sheriff of Houston County for defendants S McCauley, M McCauley and AA Summers 2nd June 1875. Copy & Spa to Ans Amended Bill, issued to Sheriff of Humphreys County, 10th April 1877

Appearance Acknowledged,

I hereby enter the appearance in this Suit for John Phifer, and waive issuance of all process as to him. This 30th day of October 1876. Allen & Shackelford Sols

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Spa to Humphreys County returned, Came to hand when issued. I delivered a copy of Bill to TM Ellison, and Summoned TM Ellison, SS Ellison and J Cathey, as commanded on the 3rd day of June 1875. WA Short Shff

Spa to Benton County returned. Came to hand 5th June 1875. Executed by Summoning the within defendant as herein commanded, and delivered to him a copy bill June 7th 1875. RJ Bomar Shff

Spa to ans. Returned Came to hand when issued. Executed in full, Sep the 25th 1876, by Summoning as commanded, and leaving a copy of bill with Defts. JP White Shff Spa to Answer Amended Bill returned. Executed in full by Summoning the within parties, and delivering a true Copy of Amended bill, except JA Cathey, who is a citizen of Houston County, April the 23rd 1877. JP White Shff

Rule of the C & M In this Cause it appearing from petition of the Complainants, which is Sworn to that there are four or more defendants, in the above Stated Cause, and that Some of them live in Benton County,

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and Some of them in the County of Humphreys, and that it would be a matter of great inconvenience, as well as expense, to have notice Served upon Each and all of them, to take proof to be read on trial of Said cause, It is therefore on application of Complainants, ordered by me, that notice Served upon one of the defendants in this cause to wit: SS Ellison, who is a citizen of Humphreys County, upon the part of the complainants, to take proof, will be Sufficient, and that notice to each need not be Served upon either of them, except as herein before directed, Sep 7th 1875. A.C. Stockard C&M

Feb Rules Feb 7th 1876.

In this cause on application of complainants, and it appearing that all the defendants are non-residents of the County of Humphreys, except SS Ellison and John Cathey, It is therefore ordered by me, that notice to take depositions upon the part of the Complainants in this Suit, Served on SS Ellison and John Cathey, the resident defendants, will be Sufficient, and Complainants need not Serve notice on any other of the defendants, to take depositions to be read as evidence in this cause AC Stockard C&M

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Order Allowing Defts time to Answer.

In this cause it is ordered by the court, that Defts have lieve to file a Cross Bill, to the Bill of Complainants filed against them in this Cause. Cross Bill

To the Hon Geo H Nixon Chancellor etc, Sitting in Equity for Humphreys County at Waverly.

The Bill of Complaint of SS Ellison, Jno Phifer, SW Ellison and John Cathey, all citizens of Humphreys County

Against

JS Summers TJ Hall, TB Hall, RA Summers, all citizens of the County of Humphreys State of Tenn.

Orators would respectfully Show to the Court, that on the day of 18 upon the petition of CS Summers admr of TB Summers, alleging that the estate of TB Summers was insolvent, and that the personal property of Said estate had been exhausted in payment of debts, and that Said TB Summers died possessed of certain real estate, lying in Humphreys and Stewart County, & alleging that it was necessary to Sell Said real estate for the payment of debts, and praying for a Sale of Said land for

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Said purpose; and upon Said petition the County Court of Stewart County Tennessee at its term 18 ordered the land Sold, which was done, and the report of the C&M of Said court, of Said Sale was filed, and Said report was confirmed, by Said court at its term 18 & on the day of 18 complainants purchased in different lots, the land, from Said CS Summers, and have paid all the purchase money, to Said Summers for Said land, amounting in the aggregate to the sum of $1500.00 or $2000.00-That Said CS Summers paid for Said land, the Sum of $1375.00, which Sum was paid in discharge of bona fide debts against the estate of the Said TB Summers. Complts further State that they have put valuable improvements, on Said land, amounting in the aggregate to probably from $2000.000 to $2500.00. Complts would further State that Said CS Summers is dead and his estate is wholly insolvent. Complts would further Show that on the 2nd day of June 1875 Defts filed a bill in your honors court against Complts, & an amended bill on the 13th Sep 1876

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Setting out the Sale of the land of TB Summers by the county court of Stewart County, & charging that Said Sale was void, & praying that Said Sale be Set aside for nothing held-which Said Suit is now pending in Your Honors court. Complts are advised and So charge that if Said Sale is Set aside, they are entitled to have the amount of money paid by them on Said land, together with the interest thereon, & the improvements put on Said land, refunded to them.

The premises considered, the complainants pray that the parties named as defendants be made Such, that all proper process issue, & that they answer but not on oath, which is expressly waived. And on final hearing if Your Honor Should be of opinion that Said Sale is void, & Should be Set aside, then complainants pray that an account be taken between Complts and Defts, Showing what amount of money was paid by each of them, and the value of the improvements put by each on Said land, and that Complts have a Decree for the amt paid by them on Said land with the interest on the Same, & for all the improvements made by them on Said land, and if necessary that they be Substituted

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to the right of the original purchaser at the Said Commissioner’s Sale; and that the court will grant them a lien on Said land for the payment of whatever may be found due them. Complts also pray that if Said Sale Should be Sustained, that your Honor will divest the title out of the heirs of TB Summers & vest it in Complts, respectively to the extent that they each hold, and that this bill be heard together with the cause of JS Summers & others vs. SS Ellison et als, & for all further & general relief, that the nature of their cause and equity requires, & as in duty bound will ever pray. Stark & Brandon & Rice Sols

State of Tennessee | Humphreys County | Personally appeared before me, AC Stockard C&M of the chancery court of Said county SS Ellison, one of the Complts in the forgoing bill, who made oath that the Statements made in the forgoing bill are true to the best of his Knowledge and belief. Sworn to & Subscribed before me | SS Ellison June 11th 1878. AC Stockard C&M |

Endorsed- Filed June 11th 1878. AC Stockard C&M

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1st Order Appoint Guar ad litem.

In this cause it appearing that defendants Sarah McCauly and Missouri McCauley, are properly before the court in this cause, by Service of Subpoena, and that their regular guardian has failed to enter an appearance in this cause for Said minors and make any defense for them, to complainants’ bill. It is therefore on motion of complainants’ Solicitor, ordered and Decreed that, Alvin Hawkins an attorney for this court be and he is hereby appointed Guardian ad litem to appear for and defend for Said minors in this Cause, and he is allowed until August Rules to answer So as not to delay the hearing.

2nd Order Apt Guar ad litem

In this cause it appearing to the court that defendants Henry Cathey, John D Cathey, Eudora Cathey, Josephene Cathey, Charles Cathey, Mary Cathey, Robert Cathey, Margaret Garrett, to the amended bill filed in this cause, are minors under the age of twenty one years, and have no regular guardian, and that they are regularly before the court by the Service of Subpoena. It is therefore ordered and Decreed by the Court that VS Allen an attorney of this Court, be and he is

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hereby appointed a Guardian ad litem, to appear and answer Said amended bill for Said minor defendants.

3rd Order Apt Guar. Ad litem.

In this Cause it appearing to the Satisfaction of the Court, that VS Allen an attorney of this Court, was under the former order of this court, appointed guardian ad litem to answer and defend for the minor defendants JA Cathey, HM Cathey, David Cathey, Eudora Cathey, Josephene Cathey, MC Cathey, Robert Cathey, and Maggie Cathey, and the death of the Said VS Allen having been Suggested and admitted, and it appearing to the Satisfaction of the court that the Said VS Allen is dead. It is therefore ordered by the court that Jo C Stark and attorney of this court, be and he is hereby appointed Guardian ad litem to represent and defend for said minor defendants.

Order giving Phifer & others time to Ans.

In this cause, upon application of defendants John Phifer, SS Ellison J Cathey, and SW Ellison, by their Solicitors lieve is granted to these defendants to

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the August Rules next to file their answers in this cause.

Answer of Jno Phifer et als.

The Joint answer of John Phifer, SS Ellison, J Cathey, and SW Ellison, to the bill of complaint filed against them and others, in the chancery court at Waverly, by JS Summers and others.

These respondents Saving etc, reserving etc, in answer to Said bill, or the So much thereof, as they are advised is material for them to answer unto, for answer Say- that it is true as charged in the bill, that Thos B Summers departed this life, in the County of Stewart about the time Stated in the bill, but s to whether the Complainants and the other parties named as his children and heirs at law, are Such, these respondents do not Know, nor do they admit it, but call for Strict proof So far as that fact can or will affect their rights- they admit that SC Summer qualified as the admr of TB Summers decd., in the County of Stewart Tenn. They admit that Said admr filed his inventory, and account of Sale with the Clerk of the county Court, Showing the condition of Said estate, but they deny that the personal assets came to his hands

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belonging to his intestates’ estate to the amount of $3108.80- they admit that Said administrator, in due time and in the proper and regular may, Suggested the insolvency of Said estate, and that he made a Settlement with the county court, Showing the amount of assets that came to his hands, what he paid out, the amt of the indebtedness of Said estate, the real estate belonging to Said deceased SC, but respondents insist that Said Sum of $3108.80 charged to Said admr, or reported by him as assets belonging to the estate of Said deceased, included a trust fund that was in the hands of the intestate of $1483.79, which belonged to minor children and which was handed over by Said admr to the proper parties, and which did not constitute any part of the assets of Said estate- They charge as a fact that after Said admr, paid over Said trust fund to the proper parties as was his duty to do, and Made his Settlement with the County court, and obtained his just credits for proper disbursements, there remained in his hands as assets of Said estate unappropriated only the Sum of $176.63, & the liabilities of Said estate, as appeared by debts

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filed against Said estate the Sum of $3578.88. Respondents admit that the deceased died Seized and possessed of real estate, but how much they do not know, but it is a fact that he owned land at his death- They admit that a bill was filed in the county court of Stewart County for the Sale of real estate belonging to the estate of Said deceased, for the purpose of paying debts, and that an order or Decree was made, by Said Court, directing the Clerk & Master of Said Court to take proof and State an account, and report to Said court, as to the amount of the personal assets, belonging to Said estate, and if the Same had been exhausted in the payment of debts, what amount of outstanding debts against Said estate, and in fact report all and every thing necessary and required by law to authorize the Sale of Said land, for the payment of debts, and Said Clerk and Master did report, and the Same was by the court confirmed, that all the heirs at law of Said Thomas Summers deceased were regularly Served with process, according to law, & were before the court, that the minors were properly represented, by guardian ad litem, appointed by the Court and answered and defended for them, that all proper and legal orders and Decrees were made in Said

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cause, that the land was ordered to be Sold, and these defendants Say that it is not true as charged in the bill that Said Sale is void, but they insist that the Same is regular and good in law, and conferred a good title upon the purchasers of Said real estate. As to the land being Sold at the court house in Dover instead of on the premises, Certainly in law, does not make the Sale void, and whether it brought less or More is now too late to enquire- they deny that the county court had no Jurisdiction to Sell Said land, but insist that it has ample jurisdiction for that purpose, and was well and properly exercised in that case – they deny that the purchase of the tract of land in Humphreys County by CS Summers was void, it was not his Sale, but the Sale of the Clerk or Special Commissioner, appointed by the court to make a Judicial Sale, and the admr could as well bid as any one else. These respondents State, that they purchased the land from CS Summers, and took his deeds therefore- they purchased the Same in good faith, and paid every dollar of the purchase therefore, that they had nothing whatever to do with the Sale originally, or with procuring the Same. Respondents Phifer got

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about fifty acres of Said tract, which was wholly unimproved, no building or clearing, nor has the Same been improved but little. Respondent Cathey got about 154 acres of Said tract, there was no improvements upon the Same, except a Small Cabin, and an acre or two cleared, that he has Since his purchase built houses, cleared land and fenced the Same, Making large and valuable, permanent improvements upon said land. Respondent Ellison got about 100 acres of Said land, wholly without improvements, that they have greatly improved the Same with buildings, fences clearing and opening a farm, permanent in this character & have materially increased and added to the permanent value of Said land. They all insist that if in the opinion of the court the Sale of Said land if void, or for any other reason the Complts are entitled to recover Said land from them, that then and in that event, they are entitled to their purchase money with interest refunded to them, with the value of the improvements made by them. These respondents ask the Honor Court, that if in the progress and development of the Cause, it Should become necessary, to the interests and protection of the rights of respondents to file this answer as a

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Cross Bill, that they be allowed to do So- Respondents that if Said tract now owned by them, was held by title bond to the deceased at his death, and the balance of the purchase money was paid by the Admr after his death, and a deed made to the heirs at law of Said deceased by name, by the grantor can make no difference, that the Same was Subject to the payment of the debts of the deceased- but if they are mistaken in this, and in the opinion of the Court, the dry legal title to Said land Should be in the heirs at law of Said deceased, then they ask that this answer be allowed to be filed as a Cross bill against Said heirs at law, for the purpose of having Said title divested out of them and vested in these respondents. As to the charge that respondents Cut the valuable timber on Said land, they Say that, the charge is not true, but on the Contrary, all timber with but little exception, has been for improvements, on the land & for clearing the Same, which has materially enhanced the value of Said land, and having fully answered pray to be hence dismissed with their cost. Allen & Stark Sols

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Answer of VS Allen Guar ad litem

The Joint and Separate answer’s of Henry M Cathey, John D Cathey, Eudora Cathey, Josephene Cathey, Charles Cathey, Mary C Cathey, Robert Cathey, and Margaret Garrett, all of the County of Humphreys Tennessee, who answer by their Guardian ad litem VS Allen. Now and at all times Saving and reserving to themselves, the benefit of the manifold errors mistakes etc, contained in Complainants bill, for answer thereto, or So much thereof as they are advised is material for them to answer, Say, they are under the age of twenty one years. That their father departed this life in the County of Humphreys Tennessee, in the year 187 intestate, and being of tender years, and unacquainted with the rules of chancery courts, of practice, or any thing connected therewith; they can neither admit or deny any of the allegations contained in Complainants bill, but now and at all times during the progress of their Said bill, the Said minors ask and claim the protection of the Honorable court, and that the complainants be compelled to Sustain each and every allegation Con-

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tained in their Said bill, by proof incontrovertible, and that upon final hearing of Said bill of complaint, that all the Equities in the cause be meted out to them according to the rules of your Honors Court. Now having fully answered as the rules of the chancery court require of them, they pray to be discharged etc. VS Allen Guar ad litem State of Tennessee | Humphreys County | This day VS Allen Guardian ad litem, in the above Stated cause, appeared before me, who made oath that the facts as Stated of his own Knowledge are true, and those Stated from information he believes to be true, Sworn to and Subscribed before me, this 14th day of June 1877 AC Stockard | VS Allen Guar C&M | ad litem

Endorsed- Filed 14th June 1877. AC Stockard C&M

Answer of A Hawkins Guar ad litem

The joint and Separate answers of Sarah McCauley, & Missouri McCauley, minors, by their Guardian ad-

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litem Alvin Hawkins, to the bill of complaint of JS Summers it als filed in the chancery court at Waverly vs. SS Ellison et als.

Respondents Saving etc reserving etc for answer Say they of their own knowledge know nothing of the proceedings mentioned in complainants Bill – under which it is alleged the lands mentioned in Said bill were Sold, but upon information they admit Said proceedings were illegal and void and the purchasers acquired no title to Said land by virtue of the Same. Being infants they Submit their rights to the Care and protection of the court, and now having fully answered, they pray Said Sale to be Set aside and declared void etc, and as in duty bound will ever pray. Sarah McCauley, Missouri McCauley by their Guar ad litem Alvin Hawkins

Endorsed- Filed 26th Aug 1875. AC Stockard C&M

Caption of the court

Be it remembered that at a regular term of the chancery court, began and held for the County of Humphreys, at the Court house, in the town of Waverly, on the 2nd Monday, it being the 10th day of June 1878, the Honorable Geo H Nixon

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Chancellor of the 9th Chancery Division of the State of Tennessee, present and presiding, AC Stockard Clerk & Master, and Jas P White Sheriff of Said County, also being present, Court was opened in due form, and the following, among other, proceedings were had, to wit:

Complainants’ proof Deposition of Jas Cook, taken at the office of AC Stockard Clerk & Master of the chancery court at Waverly Tenn., on the 17th day of February 1876, upon notice, to be read as evidence on behalf of Complainants, in the above Stated Cause. Taken in the presence of the parties, and their Solicitors. The Said James Cook of lawful age, being duly Sworn, deposes as follows, Q 1st Please State whether or not you are acquainted with the land in controversy in this cause. If So how long have you known it. Ans. I am acquainted with the land in controversy, and have known it for the last 18 or 20 years. I own one half the original tract, and

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have owned it Since 1859. TB Summers, the father of Complainant JS Summers and myself purchased the original tract, together in the year 1859 We afterwards divided it, and the part that was Set apart to him is the land conveyed to defendants by Charles Summers the administrator of TB Summers decd. Q2. Do you recollect at what time Charles Summers Sold, or contracted to Sell Said land to defendants. Was it at the Execution of the deed to them or before. If before that time how long. Ans. I can’s Say whether Charles Summers Sold the land to the defendants before he made them the deed to Same or not; but my recollection is that he Sold them the land Some time before he (Charles Summers) got his deed from the County Court Clerk. I am not positively about this though. Q3 What was the condition of the land of defendants, when they took possession of it, and what condition is it in now. Ans. When they took possession of it, it was all in the woods, I think. On the part of the land that defendant Ellison owns, I Suppose there are

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about 25 or thirty acres of open land now. Ellison opened this land himself or had it done. I can’t State at what time Ellison took possession of the land. He commenced clearing up land on the tract, as Soon as he took possession of it, and continued from year to year to clear up Small patches. He has built on the land a double one Story log dwelling house with an entry between, about 16 feet Square. He has also built a little Smoke house, and a double Stable, and Corn crib. The double Stable is a very good one. These, I think are about all the improvements he has built on Said land, except to enclose the cleared land with a rail fence. He has also Set out a few peach trees on Said land. Mr. Cathey has cleared up about forty or fifty acres of land on his part. Can’t State when he commenced clearing, but he commenced about the time and cleared in the Same way as did Mr. Ellison. He has Erected a tolerable good county log house on the land with Stone Chimney, Also a common log kitchen, Some Stables, a corn crib. I do not recollect any other building, except a log house for a black Smith Shop. He, Mr. Ellison, and the neighbors generally one general fence around their

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farms Q 4 Please State now how much the improvements Ellison and Cathey have put upon the land have enhanced the value of the land. In other words how much more is the land worth the improvements than it would be without them. Ans. I declare I cannot tell hardly. It would be worth with me, but I think the land of Cathey and Ellison would be worth four or five hundred dollars more with the improvements than it would be without them Q 5 What would be the rental value of that land per year, that is, the land of Cathey and Ellison. Ans. I do not think it would be worth more than two dollars per acre per year, that is the cleared land would be worth that much. Q6 How many years have these defendants been in possession of this land. Please State your best recollection. Ans My recollection is that they went there in 1867 or 1868 Q 7 Now State what would be the rental value of that land in the aggregate, from the time they took possession of it until the present time. Ans I think it would be worth thirty dollars per

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year, but this is guess work with me, as I do not know how much land they cleared up each year. Q 8 State whether Ellison and Cathey have cut any valuable timber off of Said land Since they have been in the possession of it. If so State what kind of timber they cut principally, for what purpose they cut it, and what disposition they made of it. Ans. They have cut some Stave timber, but can’t Say how much. They might have cut Some raft logs, but can’t Say how many, can’t State the value of the timber they cut Q 9 What improvements has defendant Phifer put upon his part of Said land. Ans. None at all except to give a lease upon it for four years to PS Lashlee is my understanding. Lashlee has cleared up about for or five acres of land on the Phifer part of Said land Since he leased it. My understanding is that Lashlee was to have the use of the land for the land he Cleared up and put under fence.

The above question and answer is excepted to by defendants counsel. Q 10 Have you any knowledge of how much money

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belonging to the estate of TB Summers came into the hands of Charles Summers his administrator at the time of the death of TB Summers Ans I know TB Summers just before his death, Spoke of the amount of money he had on hand at that time, and after his death I heard Charles Summers his administrator State how much money his father had on hand at the time of his death, and the amount that came into his hands immediately after his death Q 11 Please Stat now Just what TB Summers Said about his money, and how long it was before his death, and Just what Charles Summers his administrator Said about it, and how much came into his hands. Ans Two or three days before he died I went to See TB Summers, he told me he thought he was going to die, and he Said there was an unpaid balance due on Said land, and he wanted the land paid for out of the money then on hand. He also Said he wanted George Outlaw paid two hundred dollars out of the Same money. He also Said that he was owing about two thousand dollars, and that that

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Sum was about all he did owe. He then Said he had Seventeen hundred and thirty dollars on hand, and that he wanted his land paid for out of this Sum. He then owed about $350.00 on the land, which is the Same tract now owned by these defendants, and which was purchased by him and myself jointly from Mary Jane Stoddart. Each of us owed about $350.00 on the land. On the day that TB Summers died I had a conversation with Charles Summers admr of TB Summers at the house of TB Summers. After we returned from the graveyard Charles Summers took me out to one Side and told me that there was then $1730.00 in the house in the trunk, and asked me what he Should do with it, as he was afraid the guerrillas would brake in and get the money. I told him that I would let Dr Summers take it, and take care of it, and he afterwards told me that Dr Summers took it as I advised him to do. This is about all that he Said to me about it. Q 12 Please State whether you were present on the day the land was Sold, under the Decree of the County Court of Stewart County

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If so State at what price Said land was cried off to Charles Summers, and how it happened that he raised the bid on it. Ans I was not present when the land was first Sold under the Decree of the county court of Stewart County. Within a few days after Sale Charles Summers came to me that he had purchased the land at the price of five hundred dollars, and that the estate would fail to pay off the debts, to the extent of about $700.00. He also Said that he was Sorry the estate was insolvent, as I was Security on Some of the papers of TB Summers, and would have to pay them off. I told him I reckoned not, and then told him that I would go down and raise the bid on the land he had purchased. He then told me that he did not think I would do that, and that he was going to get the Sale confirmed, that he wanted to make money on it, and bought it for a Speculation. After this I went down to Dover and did raise the bid on it to $1500.00. The chairman ordered the clerk to take the note with Security of Charles Summers for enough over my bid to make the estate good. Whether this was ever done I do not know, but Charles Summers got the land. Summers and Brandon did raise the bid of Charles Summers on

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the land over my bid, and then the chairman ordered the Clerk to take the note of Summers with Good Security Q 13 Did Charles Summers pay as much for the land as it was worth, at the time he purchased it. Defts except to the above question and the following answer. Ans I did not think he did. He paid for it $1258.00 I think

Cross Examined by defendants.

Q 1 In your chief examination you have Spoken of buying the land in controversy, and the rental value thereof, Now State if you know or can approximate at what time did defendant buy his interest in Said land. Ans I can’t State positively, but it was in 1867 or 1868 is the best of my recollection, or it might be as late as 1869 Q 2 Can you State what each defendant paid for his respective Share of the land in Controversy, if So how much, and the payments made according to the contract. Ans As Ellison told me he paid $500.00 for his part, but what time the payments

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were made I do not recollect, I think it was paid down in Stock. Q 3 What number of acres of land did Ellison buy. Ans My recollection is about 99 acres and ½ is the best of my knowledge about it. Q 4 Taking into consideration the character of the land, and its location, did Ellison pay a reasonable price for the land. Ans I recon he did. Q 5 What is the value of the improvement Ellison put on the land. Ans Just guessing at it, it may be worth 4 or 5 hundred dollars, or it may be worth a thousand Q 6 What is the value of the houses Ellison put up. Ans I don’t think a man could build the dwelling house for less than $50 or $200.00 Q 7 Was it a Story & ½ or 2 Stories high Ans It was one Story high Q 8 State the value of building the Stables Ans About $30.00 Q 9 What is the value of the Smoke house.

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Ans It aught to be worth about $10.00 or $15.00 Q 10 What is the Crib worth About $10.00 Q 11 From what you know of the land, the number of acres cleared and put in cultivation by Ellison, what is it reasonably worth. Ans I have told you it was worth $8.00 or $10.00 per acre to clear it Q 12 How many acres did Ellison Clear Ans Some 25 or 30 acres Just guessing at it. Q 13 How many acres did he clear the first year. Ans I cannot tell that, but he rented form me one year, and from McKeel one year, and was clearing litter patches along every year. I think he rented Some from M Phifer, and Some one year from CS Summers Q 14 State whether $30.00 per year for what time Ellison had the land is not more than a reasonable rent per year. Ans Well I don’t know as it is, it may be too high or it may be too low. Q 15 Can you State at what time Mr. Cathey took possession.

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Ans I cannot tell. Q 16 State what improvements Mr. Cathey put upon the land and their value. Ans I think $240.00 a fair valuation, I mean the buildings, and the improvements on the land I have put at #400.00 or $500.00 Q 17 In what condition physically when you had the conversation with him, with relation to the amount of money he had in his possession, Spoken of in your Chief Examination. Ans He was in a low State of health, and was convinced he was going to die. Q 18 Where had the old man Summers been Just before the Conversation alluded to. Ans Had been to New Orleans with a load of Staves. Q 19 Do you know of his borrowing any money just before he Started to New Orleans, if So from whom. Ans He told me he borrowed $200.00 from Geo. Outlaw Q 20 Do you know the amount he paid Outlaw for the use of the $200.00 Ans I do not know.

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Q 21 Did Thomas Summers tell you that he borrowed money from any one else, Say one Isaac Williams Ans I don’t think he did Q 22 Was the balance of the purchase money on the Said land paid out of the money on hand Ans I guess it was, I do not know it was. After Charley paid the amount due on the land from TB Summers, witness went to Jackson and paid his part about $350.00, and took up the title bond and note, and Mrs. Stoddart made witness a deed to the up[p]er part, and one to the heirs of Summers for the lower part. Q 23 Do you know of your own knowledge, that the old man had in his possession at the time of his death $1730.00, or any other Sum Ans I cannot State from my own knowledge that he had Q 24 State if you Saw any money the morning after he died, or Shortly thereafter, if So, in whose possession, and what was Said about the money. Ans I never Saw but one bill, it might have been

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a one dollar bill, or Some money to be used for burial purposes.

Re-Examined

Q 1 Do you Know who the living heirs at law of TB Summers are, if So please State their names. Ans William McCauley’s two children, TJ Hall’s Child, JS Summers and his Sister AA Summers, the later two are the children of TB Summers, the former are his grand children Q 2 You Stated that after Charles Summers paid the money due on the land from his father’s estate, you went down and paid the amount due from you; Now State whether the amount due on Said land from you and TB Summers at the time of his death, was the Same amount from each. In other words, whether the amount due on the land at the time of his death was equally due from each of you. Ans Yes Sir, it was equally due from each of us. He owed one half of it and I the other Q 3 Now please State the exact amount as near you can after TB Summers’ death Ans Well Sir, I think it was about $350.00 each. And further this deponent Sayeth not. Jas Cook

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The Foregoing deposition of James Cook was taken before me as Stated in the Caption. A.C. Stockard C&M Endorsed- Filed 17th Feb 1876 A.C. Stockard C&M

Final Decree- Be it remembered that this cause came on to be heard and was heard on this the 13th day of June 1878, before the Honorable George H Nixon Chancellor etc, upon the bill and amended bill of Complainants and the exhibits thereto, the answer of the defendants, of the guardian ad litem of the minor defendants, and the proof in the cause, and the argument of Counsel, from which it appears to the Satisfaction of the court, that TB Summers departed this life intestate, in Stewart County Tenn, in the year 1865, that CS Summers was duly and legally appointed and qualified as the administrator of the estate of the Said TB Summers decd, by the county court of Stewart County at the Sep term of Said court 1865, that as Such administrator, there came into his hands in the way of personal

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assets belonging to Said estate the Sum of thirty one hundred and eight dollars and eighty cents, that on the 26th day of June 1867, the insolvency of Said estate was duly Suggested to the clerk of the county court of Stewart County, and that publication was made in the regular way, for creditors to come forward and file their claims, that on the 22nd day of Oct 1867, the Said Summers as Said administrator, filed his petition in the county court of Stewart County Tenn., against complainants in this cause, as the children and heirs at law of Said TB Summers decd, alleging that Said estate was indebted, that Said Summers at the time of his death was Seized of certain lands lying in Stewart and Humphreys counties, and praying that Said land might be Subjected, under the orders and Decrees of Said court, to the payment of debts outstanding against Said estate, then on the 4th day of Nov 1868, the Said county court did by its orders and Decrees pronounced in Said cause, order and direct that Said lands be Sold for the payment of the debts outstanding against Said estate, that in pursuance of Said order of Sale, the clerk & master did on the 7th day of December 1867, Sell Said lands, and that CS Summers the administrator of TB-

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Summers decd, became the purchaser of one of Said tracts of land located in the county of Humphreys, and bounded as follows, to wit: Purchased by TB Summers from Mary J Stoddart, and deeded to his heirs by her Since his death, lying on the East bank of Tennessee River, and, Beginning on a white oak, Standing on the bank of Said River, and below the mouth of White Oak Creek, and on the county line between Stewart and Humphreys Counties; thence East with Said line 409 _____ to two hickories; thence South 128 poles to a Stake; thence East 58 poles to 3 hickories, thence South 10 poles to a Sweet gum, the dividing line made by Thos B Summers and Jas A Cook; thence with Said line 437 poles to the River a beech; thence down Said River with its meanders to the beginning, containing by estimation 359. And it appearing further that this Sale was reported to the Said county court, and was by its orders and Decrees confirmed, and title to Said land was divested out of the complainants, as the children and heirs at law of the Said TB Summers, and vested in the purchasers under Said Sale, and that the title to the tract So purchased by the Said CS Summers, was vested in him, under Said Sale. And it appearing fur-

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there that on the 10th day of June 1869, the Said CS Summers, conveyed by deed a part of Said land So purchased by him to defendant John G Cathey, that on the 31st day of July 1869, he conveyed another part of Said tract, to defendant John Phifer by deed, and that on the 10th day of June 1869, the Said CS Summers conveyed the remainder of Said tract of land to Thos Ellison by deed, who Subsequently conveyed the Same to defendant SS Ellison, by deed, and that SS Ellison Subsequently conveyed a part of the Same land to his Son defendant SM Ellison. And it appearing further that the Said CS Summers is dead, and left no widow or children, and that complainants are his only heirs at law, and that defendant John G Cathey has also departed this life, leaving him Surviving as his children and heirs at law WJ Cathey, JA Cathey, Charles Cathey, CM Cathey, MA Cathey, HM Cathey, David Cathey, Eudora Cathey, and Maggie Lee Garrett, all of whom are properly before the Court as defendants to this Suit. And it appearing further to the Satisfaction of the court, that Said county court of Stewart County Tenn., had no Jurisdiction to Sell the lands of the Said TB Summers decd, and

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that the Decree of Sale of Said lands, pronounced in Said cause by Said Court, is void upon its face, and that Said Sale made under Said Decree of Sale is likewise void and Communicated no title to the land So purchased by the Said CS Summers, and that Complainants are the only children and heirs at law of TB Summers decd.

It is therefor ordered and judged and Decreed by the Court or Stewart County had no Jurisdiction in Said cause to Sell Said land, that the Decree of pronounced in Said Cause directing the Sale of Said lands, and Communicated no title to CS Summers, to the tract of land So purchased by him, and that Said Sale of Said land under the orders and Decrees of Said court, is hereby declared null and void. It is further Decreed by the Court that the deeds So made to defendants John Phifer, John G Cathey, and SS Ellison and Thos Ellison, and by Thos Ellison to defendant SS Ellison, on to defendant SM Ellison, are likewise void, and communicated no title to Said parties, and the Said deeds are hereby Set aside, and declared for nothing held. It is further ordered and Decreed by the court, that this cause be referred to the Clerk &

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Master to take proof and report the rental value of Said lands So purchased by the Said CS Summers and conveyed to defendants from the time they entered upon and took possession of the Same; the report will also Show what timber and the character of the Same defendants and each of them have cut and Sold on Said land and the value of the Same. The report will also Show what permanent improvements, if any, defendants have put upon Said land, at the time the bill was filed in this cause, the character of the Same, and to what extent, if any, Said improvements have enhanced the value of Said land. The report will also Show what amount of money the Said CS Summers paid for Said land, and how much of the money So paid by him for Said land, was paid out by him in payment of bona fide debts outstanding against the estate of the Said TB Summers decd. The report will also Show what amount of Taxes defendants have paid on Said land, if any, and when paid, and a lien is hereby declared on Said land So conveyed defendants in this cause, for the payment of whatever money may be Decreed defendants, if any, on the final hearing of this cause. And on application

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of HM McAdoo and TL Lanier Solicitors for complainants, and of Alvin Hawkins Guardian ad litem for the minor defendants, it is ordered by the court that their fees as Solicitors for complainants and the minor defendants, be and the Same is hereby declared and Decreed and a lien on Said lands; form all of which the defendants pray an appeal to the next term of the Supreme Court of Tennessee at Nashville, which is granted upon the execution of a bond and Security for costs, which is done.

Appeal Bond

Know all men by these presents, That, We John Phifer, SS Ellison, SM Ellison, principals, and GM Rogers and TB Traylor Securities are held and firmly bound unto JS Summers and others in the Sum of two hundred and fifty dollars, for the payment of which well and truly to be made, we bind ourselves jointly and Severally, dated this the 13th day of June 1878.

The condition of the above bond is Such that the Said John Phifer, SS Ellison & SM Ellison, this

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day prayed an appeal to the next term of the Supreme Court of Tennessee at Nashville from a Decree of the Chancery court of the County of Humphreys at Waverly Tenn., in the Case of JS Summers et als vs. SS Ellison et als, Now the Said defendants Shall prosecute Said appeal with effect, or in case they fail they will pay all costs that may be Decreed against them, and otherwise perform Such Decrees as may be rendered against them by Said court, otherwise to remain in full force and effect. | John Phifer | GM Rogers Security | SS Ellison | TB Traylor “ | SM Ellison | | By Jo C Stark their Solicitor

Endorsed- Filed 13th June 1878. A. C. Stockard C&M

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Bill of Cost

( Too tedious, lengthy, and irregular to transcribe, so I’ll just give the total cost for this page):

$166.32

Page 154 I, AC Stockard, Clerk & Master of the Chancery Court, at Waverly for Humphreys County Tennessee, do Certify that the foregoing is a full, true and perfect transcript of the Record and Bill of Cost remaining in my office, in the Case of JS Summers et als VS SS Ellison et als.

Given under my hand and Seal of office, this the 31st day of July A.D. 1878.

A.C. Stockard Clerk & Master

Transcribed by Ben Couch, III, Nov 2016

The following pages contain my transcribed version of the file that wraps up the case. ^[13]

M, page 239 Feby 25, 1879

J. S. Summers, et als

Vs

S. S. Ellison, et als

Page 239

JS Summers et al | Vs | SS Ellison et al | | This cause came on to be heard before the Hon Supreme Court of Tennessee, upon the transcript of the Record from the Chancery Court of Humphreys, County, and upon the agreement of the parties in the following words & figures – (his copy agreement - ) and said agreement being Signed by the parties and by Counsel, it is accordingly made the decree of this Court, and the decree of the Chancellor as verified, and all right title claim and interest in and to the lands in controversy divested out of the Complainants and vested in defendants, and the parties agreeing, the defendants will pay all the costs of this cause both in the Court below and in this Court, and a fee of 75$ to the Attorney, of Complainants TL Lanier and NM McAdoo, and to Secure Said for a lien is by agreement is declared upon the lands in controversy

JS Summers et als | In the Supreme Court of Vs. | Tennessee at Nashville SS Ellison et als | This cause has this day been compromised and settled upon the following terms to wit.

The defendants agree to pay all the costs in the cause both in the chancery court and Supreme court of Tennessee. Also to pay to complainants’ solicitors to wit. N. M. Mcadoo and T. L. Lanier a fee of seventy-five dollars which is to be secured to them by giving them a lien on defendants land. On the land contained in (?) claim in the due cause. And in consideration of the charges foregoing vindicating upon the part of defendants. Complainants agree to dismiss their said suit. And to relinquish to the defendants all the right, title, interest and estate. they have in and to the lands sued for in this cause. and to this end it is agreed that this court may divest out of complainants all the titles they have in and to said land. And recd the names as defendants. It is further agreed that the confessions may be filed with this record in this case. And may be made the final judgment in this case. This the 27th day of August 1878. W. I. Cathey J. A. Cathey K. W. Cathey H M Cathey J. D. Cathey U. D. Cathey J F Cathey Charley Cathey M. C. Cathey Robert Cathey M. L. Garrett M A Moore John Phifer only his prorated part T. M. Ellison only his proratto part S S Elllison only his prorate Part T. L Lanier Sol For Complainants N Brandon Sol For Defts

J. S. Summers et al | | Confirmed Vs | | Agreement | S S Ellison et als

Footnotes

13. JS Summers et al vs SS Ellison et al, 1879, TN Supreme Court from Hu Co, Mid Div, Range 32, Shelf 6, Box 305, page 239.

Transcribed by Ben Couch, III, Nov 2016, Copyright 2023